TOBACCO CONTROL LAWS

Japan Tobacco International - France, R.J. Reynolds Tobacco Company - France v. National Committee for Tobacco Control

A lower court found a subsidiary of Japan Tobacco International (JTI) liable for violating France’s advertising ban by advertising "Winston Spirit" clothing. JTI appealed, arguing that such advertising falls within an exception for non-tobacco products and that the French advertising law conflicts with the free trade provisions of the Treaty of Rome and the freedom of expression provisions of the European Convention on Human Rights. The Court upheld the lower court’s decision, finding no exception and no conflict. The Court held that any restrictions were proportionate to the goal of protecting public health.

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Japan Tobacco International - France, et al. v. National Committee for Tobacco Control, No. 02-83015, Court of Cassation (2003).

  • France
  • Mar 18, 2003
  • Court of Cassation

Parties

Plaintiff

  • Japan Tobacco International - France
  • R.J. Reynolds Tobacco - France

Defendant National Committee for Tobacco Control

Legislation Cited

International/Regional Instruments Cited

Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights)
Treaty on the Functioning of the European Union (TFEU)

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)

Substantive Issues

Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Right to Freedom of Expression
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.
Trade Violation
A claim of an infringement of any international trade agreement, including General Agreement on Tariffs and Trade (GATT), Technical Barriers to Trade (TBT), Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), or bilateral treaties.
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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