TOBACCO CONTROL LAWS

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

A tobacco company petitioned the Court for a declaratory judgment regarding a tobacco control law that regulated or prohibited tobacco advertisements, except those located within point-of-sale premises.  Students at the University of the Philippines filed a motion for reconsideration of their previously denied motion to intervene, claiming that they possessed legal standing as members of the youthful demographic targeted by tobacco advertisements.  The Court denied the motion, noting that the purpose of the petition was solely to clarify the manner in which tobacco companies ought to comply with the law and that the respondent government entities aptly represented all public interests, including those of the youth.

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Fortune Tobacco Corp. v. Inter-Agency Committee - Tobacco, et al., SCA Case No. 2007-688-MK, Philippines Regional Trial Court, National Capital Judicial Region, Marikina City (2008)..

  • Philippines
  • Feb 7, 2008
  • Republic of the Philippines Regional Trial Court, National Capital Judicial Region, Marikina City, Branch 263
View Case History

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

Tobacco Regulation Act of 2003 - An Act Regulating the Packaging, Use, Sale, Distribution, and Advertisements of Tobacco Products and for Other Purposes, Republic Act No. 9211

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.
Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.

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

Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.
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

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