TOBACCO CONTROL LAWS

The Press Conception Co. v. National Committee for Tobacco Control

A lower court fined the Press Conception Company (SCP) and its director for publishing in a magazine called Entrevue (1) images of Marlboro-like packages with text making fun of health warnings and (2) photos of a racecar driver featuring the "Marlboro" logo on his uniform, helmet, and car. On appeal, SCP argued, among other things, that France’s advertising law violated Articles 10 (right to freedom of speech) and 14 (right to equal protection) of the European Convention on Human Rights (ECHR). The Court of Cassation rejected these arguments, finding that the facts established a violation of the advertising ban and that the law did not violate the ECHR.

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The Press Conception Co., et al. v. National Committee for Tobacco Control, Case No. 04-80907, Court of Cassation (2005).

  • France
  • Jan 11, 2005
  • Court of Cassation

Parties

Plaintiff

  • Gerard X.
  • Press Conception Company

Defendant National Committee for Tobacco Control

Legislation Cited

European Convention on Human Rights Article 10

European Convention on Human Rights Article 14

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 Equal Protection
A violation of the right to equal protection under the law, or another form of discrimination. The industry may claim that regulations discriminate against tobacco companies or tobacco products. Smokers may claim that addiction is a health condition, so regulations discriminate against them based on their health condition. Facilities subject to smoke free laws may claim that smoke free (SF) exceptions (e.g., hotel rooms, mental hospitals, etc.) unfairly discriminate against SF businesses because the law should apply to all locations equally.
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.
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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