TOBACCO CONTROL LAWS

Fortune Tobacco Corp. v. Inter-Agency Committee - Tobacco

A tobacco company petitioned the Court for declaratory relief regarding a tobacco control law that regulated or prohibited tobacco advertisements, excepting those located within point-of-sale premises.  Students at the University of the Philippines filed a motion to intervene, claiming that the issues being litigated implicated their right to health and arguing that young people are particular targets of tobacco advertisements.  The Court denied the motion, finding that the students' interest in the litigation was too impersonal and indefinite to provide legal standing.

Fortune Tobacco Corporation v. Inter-Agency Committee - Tobacco, et al., SCA Case No. 2007-688-MK, Republic of the Philippines Regional Trial Court, National Capital Judicial Region, Marikina City, Branch 263 (2007).

  • Philippines
  • Oct 25, 2007
  • Republic of the Philippines Regional Trial Court, National Capital Judicial Region, Marikina City, Branch 263
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Parties

Plaintiff Fortune Tobacco Corporation

Defendant

  • Administrator of the National Tobacco Administration
  • Inter-Agency Committee - Tobacco
  • President of the Framework Convention of Tobacco Control Alliance
  • President of the Philippine Tobacco Institute
  • Secretary of the Department of Agriculture
  • Secretary of the Department of Education
  • Secretary of the Department of Environment and Natural Resources
  • Secretary of the Department of Finance
  • Secretary of the Department of Health
  • Secretary of the Department of Justice
  • Secretary of the Department of Science and Technology
  • Secretary of the Department of Trade and Industry

Third Party

  • JT International (Philippines), Inc.
  • La Suerte Cigar and Cigarette Factory, Telengtan Brothers & Sons, Inc. (La Suerte)
  • Mighty Corporation Tobacco Company
  • Philip Morris Philippines Manufacturing, Inc. (PMPMI)

Legislation Cited

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

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.

Type of Tobacco Product

None

"Although the Court finds noble the intention of herein respondents-movants; their supposed interest is too general and far too detached from the ultimate objective of this petition. Not only is the presumed interest impersonal in character, it is likewise too vague, highly speculative and uncertain to satisfy the requirement of standing. (Toleotino vs Board of Accountancy, 90 Phil 83)."
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