CSNA challenged the legality of a public health regulation through which the Irish Minister of Public Health augmented sale license fees for tobacco and nicotine inhaling products. CSNA brought the challenge in a representative capacity for its 1350 members, including retailers, newsagents, independent shops, and franchisees.  

CSNA alleged that the newly augmented fees lacked an evidentiary basis and fell outside of the Minister’s powers as the fees exceeded the costs of operating the sale licensing system.   

The High Court dismissed all of CSNA’s claims and concluded that the CSNA lacked standing. 

In reaching its conclusion the High Court also dismissed each of the CSNA’s claims on the merits, concluding, among other things, that:  

1. The sale licensing fees need not be limited to recovering costs for operating the sale licensing system. 
   
    
2. The Minister had broad discretion in determining an appropriate sale licensing fee. 
   
    
3. The Minister may rationally set different fees for different products, in this case, for tobacco and inhalable nicotine. 
   
    
4. The specific fee in question was based on evidence (a briefing document), which was “reasoned, and reasonable.”
   
    
5. The possibility that the licensing fee may not disincentivize the sale of tobacco products did not render the fees unlawful or irrational. Indeed, the High Court concluded it was “common sense” that” fees would be set at a level which reflected the harmful nature of the product, and would, if anything, be calculated to reduce tobacco consumption.”