TOBACCO CONTROL LAWS

Ceylon Tobacco v. National Authority on Tobacco and Alcohol

The National Authority on Tobacco and Alcohol (NATA) filed complaints in the districts of Matara, Anuradhapura, and Colombo alleging the sale of certain flavored tobacco products (Dunhill Switch cigarettes; Dunhill Double Capsule; and John Player Gold Fro Cool Cigarettes) violated the National Authority on Tobacco and Alcohol Act, No. 27 of 2006, which expressly prohibits the manufacture, distribution, or sale of flavored cigarettes. The court mandated the cessation of sales for these products. Ceylon Tobacco Company appealed the decision, requesting interim orders suspending the decision. The Court denied the request for interim orders, instructing NATA to proceed.

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Ceylon Tobacco Company PLC v. National Authority on Tobacco and Alcohol, C.A. 21/2023, Court of Appeal (2023).

  • Sri Lanka
  • Nov 27, 2023
  • Court of Appeal of Sri Lanka

Parties

Plaintiff Ceylon Tobacco Company PLC

Defendant

  • Dr. Samadhi Rajapaska, Chairman, National Authority on Tobacco and Alcohol
  • Dr. Alan Ludowyke, Chairman, National Authority on Tobacco and Alcohol
  • M. A. C. Prasadh, Public Health Inspector, Authorized Officer of the National Authority on Tobacco and Alcohol
  • K. S. Priyankara, Public Health Inspector, Authorized Officer of the National Authority on Tobacco and Alcohol
  • L. A. Wanninayake, Public Health Inspector, Authorized Officer of the National Authority on Tobacco and Alcohol
  • U. G. Jayasundara, Public Health Inspector, Authorized Officer of the National Authority on Tobacco and Alcohol
  • H.M.T. Herath, Public Health Inspector, Authorized Officer of the National Authority on Tobacco and Alcohol
  • K. L. S. Kodikara, Public Health Inspector, Authorized Officer of the National Authority on Tobacco and Alcohol

Legislation Cited

Act No. 27 of 2006 on National Authority on Tobacco and Alcohol (NATA)

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Industry Interference
Measures to protect health policies from the commercial or other vested interests of the tobacco industry. (See FCTC Art. 5.3)
Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)

Substantive Issues

Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

None

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