TOBACCO CONTROL LAWS

Non-Smokers' Rights Association v. Monnet

The Non-Smokers' Rights Association (DNF) and the Public Minister joined together in an action against a group of fast-food restaurants and their directors. DNF and the Public Minister alleged that the restaurants failed to post no-smoking signs in an indoor food court (an enclosed public place).  The court ordered owners and operators of the establishments at the time of the suit's filing to pay damages in the amount of 3,800.00 Euros to DNF.  The public action, however, could not be pursued because of an amnesty which exempts these kinds of infractions.

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Non-Smokers' Rights Association et al. v. Monnet, et al. Case No. 02/00251, Police Court - Versailles (2002).

  • France
  • Dec 9, 2002
  • Police Court - Versailles

Parties

Plaintiff

  • Non-Smokers' Rights Association
  • Public Minister

Defendant

  • Alain Beral
  • Eric Javelle
  • Francois Flaud
  • Jacques Monnet
  • Le GIE Groupement des Commerçants du Centre Commercial de VELIZY 2
  • SA Brioche Doree
  • Societe Serrac "Quick Hamburger"

Legislation Cited

Evin Law

Related Documents

None

Type of Litigation

Government Enforcement Action
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.
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

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

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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