Challenge of Law on Tobacco Control and Alcoholism

Sixty members of Parliament requested that the Constitutional Council strike down two provisions of the alcohol and tobacco control legislation, which concerned a prohibition on tobacco advertisements. The Council struck down the two provisions, finding that, while measures taken to protect the population's health are constitutionally protected in the preamble of the Constitution, the measures at issue were not properly balanced against the industry's right to property and freedom of enterprise as protected under the Declaration of the Rights of Man and of the Citizen. The Council stated that the legislation amounted to an "arbitrary and abusive" restriction of free enterprise and imposed excessive limitations on the right to property when assessed against the legitimate aim of protecting health.


Décision n° 90−283, Conseil Constitutionnel (1991).

  • France
  • Jan 8, 1991
  • Conseil Constitutionnel (Constitutional Council)


Plaintiff 60 members of the opposition


Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product