TOBACCO CONTROL LAWS

National Society of Tobacco and Matches v. National Committee for Tobacco Control

A lower court found an executive of the National Society of Tobacco and Matches (SEITA) violated France’s tobacco advertising law.  On appeal, the court affirmed the decision of the lower court.  The executive again appealed and, before the Court of Cassation, repeated the argument that he was not liable because he delegated authority for advertising activities to an employee. The Court of Cassation found that the executive cannot escape liability on the basis of delegation of authority and dismissed the appeal.

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National Society of Tobacco and Matches v. National Committee for Tobacco Control, Case No. 99-87625, Court of Cassation (2000).

  • France
  • Nov 14, 2000
  • Court of Cassation

Parties

Plaintiff

  • J.C., president of SEITA
  • National Society of Tobacco and Matches (SEITA)

Defendant National Committee for Tobacco Control

Legislation Cited

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

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)
Liability
Measures dealing with criminal and civil liability, including compensation. (See FCTC Art. 19)

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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