TOBACCO CONTROL LAWS

Non-Smokers' Rights Association v. Quintard

The Non-Smokers' Rights Association (DNF) brought an action against Dijon's Office of Public Education for failing to post no-smoking signs; properly ventilate smoking areas of offices; and properly maintain office smoking areas. An office employee further brought an action for injuries sustained as a result of office smoking. Plaintiffs sought monetary damages as well as an order requiring the Public Education Office to comply with the law. The court held the Office liable and ordered the payment of damages for all causes of action. The court observed however that the office now was in compliance with the law.

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Non-Smokers' Rights Association, et al v. Quintard, Case No. 2004/00155, Police Tribunal - Dijon (2004).

  • France
  • Feb 19, 2004
  • Police Tribunal - Dijon

Parties

Plaintiff

  • Liliane Lasjuilliarias
  • Non-Smokers' Rights Association

Defendant Bernard Quintard

Third Party

  • The Public Minister

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.
Personal Injury
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.

Tobacco Control Topics

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

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
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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