LANGUAGE

C.G.M. MBH Co. v. Minister of Health

C.G.M. MBH brought this action prior to January 1, 1993 when a comprehensive tobacco advertising ban was due to come into effect in France.  C.G.M. challenged a regulation that required health warnings to accompany tobacco advertisements and promotions. C.G.M. claimed that the Minister of Health exceeded his power because the regulation applied to direct or indirect promotion or advertising, while the authorizing statute only referred to "all promotion and advertising" without explicitly including indirect advertising. The court found that while the statute at issue did not specifically refer to indirect promotion or advertising, related laws did so, such that "all promotion and advertising" should be understood to include direct and indirect promotion and advertising. The court further found that the regulation was a proper exercise of the authority delegated to the Minister to implement the law and dismissed the challenge.