Council for Harm Reduced Alternatives v. State of Karnataka
Council for Harm Reduced Alternatives (Council) challenged a June 15, 2016 Government of Karnataka circular that prohibits the manufacture, sale, distribution, trade, import, and advertisement of e-cigarettes. Public health group, Verve Foundation Trust, intervened. At an initial hearing, the court refused to stay implementation of the circular. In a subsequent hearing, the court observed, "it is expressly clear that the petitioner which is . . . claiming to act in public interest is in fact espousing the cause of manufacturing units of ENDS." The court further stated that the petitioner has abused the court's jurisdiction and wants only to lift Karnataka's ban on e-cigarettes to ensure that manufacturing companies are benefited. Without ruling on the merits of the ban, the court accordingly dismissed the litigation and imposed costs on the Council in the amount of Rs. 1,00,000/-.
Council for Harm Reduced Alternatives v. State of Karnataka, Writ Petition 36696 of 2017, High Court of Karnataka (2019).
An individual or organization may sue their own government in order to advance or protect the public interest. For example, an NGO may sue the government claiming the government’s weak tobacco control laws violated their constitutional right to health.
A violation of the right to equal protection under the law, or another form of discrimination. The industry may claim that regulations discriminate against tobacco companies or tobacco products. Smokers may claim that addiction is a health condition, so regulations discriminate against them based on their health condition. Facilities subject to smoke free laws may claim that smoke free (SF) exceptions (e.g., hotel rooms, mental hospitals, etc.) unfairly discriminate against SF businesses because the law should apply to all locations equally.
Electronic and/or battery-operated devices designed to deliver an inhaled dose of nicotine or other substances. Examples include electronic cigarettes (e-cigarettes), electronic cigars, electronic cigarillos, electronic hookah, vaporizers, and vape pens. ENDS does not include any device or medication approved by the government as nicotine replacement therapy.
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"Thus, it is expressly clear that the petitioner, which is claiming to be a Section 8 company and is claiming to act in public interest is in fact espousing the cause of manufacturing units of ENDS. The petitioner who claims to act in public interest is worried more about the loss to the manufacturers rather than the harm to public health. The orders on which reliance is placed have been passed at the instance of the manufacturers of ENDS. Apart from the fact that it can be inferred the petitioner is espousing the cause of manufacturers of ENDS, when the petitioner itself has admitted that ENDS is harmful, it is impossible to accept that public interest is involved in seeking removal of bans on e-cigarettes."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
Council for Harm Reduced Alternatives (Council) challenged a June 15, 2016 Government of Karnataka circular that prohibits the manufacture, sale, distribution, trade, import, and advertisement of e-cigarettes. Public health group, Verve Foundation Trust, intervened. At an initial hearing, the court refused to stay implementation of the circular. In a subsequent hearing, the court observed, "it is expressly clear that the petitioner which is . . . claiming to act in public interest is in fact espousing the cause of manufacturing units of ENDS." The court further stated that the petitioner has abused the court's jurisdiction and wants only to lift Karnataka's ban on e-cigarettes to ensure that manufacturing companies are benefited. Without ruling on the merits of the ban, the court accordingly dismissed the litigation and imposed costs on the Council in the amount of Rs. 1,00,000/-.