LANGUAGE

Brenes Corrales v. Ministry of Health, et al.

The plaintiff challenged the constitutionality of Regulatory Law on Smoking (Ley Reguladora del Fumado), a statute regulating advertisement of tobacco products, for not imposing a total ban on the promotion and marketing of an activity that is dangerous to people's health. He requested the establishment of a public policy that would allow for the proper protection of the right to health, the right to life and the right to a clean environment. The Court dismissed the claim arguing that the regulatory measures found in the present law were reasonable and proportional and that a complete prohibition could not be implemented.