TOBACCO CONTROL LAWS

National Committee for Tobacco Control v. J.C.

The director of National Society of Tobacco and Matches (SEITA) was cited for violating packaging and labeling laws by printing the mandatory text warning in colors that were not visible and readable and for adding the phrase, “according to the law 91-32,” which suggested that the warnings were simply a bureaucratic requirement and thus altered the warnings’ impact.  The trial court found SEITA liable with respect to most products and imposed fines and damages.  On appeal, the court partially reversed the trial court’s decision, and the National Committee on Tobacco Control (CNCT) appealed.  The Court of Cassation reversed the decision below, maintained the amount of the trial court’s fine, and directed that an appeals court issue a new judgment.

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National Committee For Tobacco Control v. J.C., Case No. 98-86820, Court of Cassation (2000).

  • France
  • Feb 15, 2000
  • Court of Cassation

Parties

Plaintiff National Committee for Tobacco Control

Defendant J.C.

Legislation Cited

Public Health Codes, former references: L355-31, L355-27-II

Related Documents

None

Type of Litigation

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

Packaging and Labeling Measures
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)

Substantive Issues

Right to Access to Information
A violation of the public’s right to information. The tobacco industry may claim that advertising, promotion or sponsorship, or packaging regulations limit the industry’s ability to communicate information to their customers and therefore infringes on the customer’s right to receive information, and to distinguish one product from another. Alternatively, public health advocates may claim that tobacco industry misinformation violates their right to accurate information or that government must be transparent in its dealings with the tobacco industry.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

None

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