TOBACCO CONTROL LAWS

Non-Smokers' Rights Association v. Carbonnel

Two elementary school teachers joined the Non-Smokers' Rights Association and the Public Minister in a lawsuit alleging that a primary school unlawfully failed to post no-smoking signs throughout the school and unlawfully permitted smoking in the teachers' lounge. Two teachers additionally were cited for smoking in the school in violation of the law. The school claimed that smoking in the school was minimal. The court held the school liable, awarding nominal damages to plaintiffs and a small fine to the smokers.

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Non-Smokers' Rights Association, et al. v. Carbonnel, et al., Case No. 03/582171, Police Tribunal - Paris (2003).

  • France
  • Dec 18, 2003
  • Police Tribunal - Paris
View Case History

Parties

Plaintiff

  • Christine Jouanique
  • Non-Smokers' Rights Association
  • Patricia Celio
  • Public Minister

Defendant

  • Francoise Carbonnel
  • Jeanine Petit

Legislation Cited

Decree of May 29, 1992

Public Health Code Section 355-28-13

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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