TOBACCO CONTROL LAWS

National Committee for Tobacco Control v. BAT

The National Committee for Tobacco Control (CNCT) alleged that certain BAT subsidiaries and their top executives violated France's tobacco packaging and labeling law by adding "according to law no. 91-32" to the health warning.  CNCT also alleged that BAT violated France's tobacco advertising and publicity law by releasing limited-edition collectible packs for Winston 30 cigarettes.  Because of the operation of an amnesty law, the court could not find against BAT regarding health warning infractions, but the court found that the collectible packs constituted a violation.  The court observed that the pack is a final means to communicate with consumers, the images on the pack appeal to young people, and the limited-edition and collectible nature of the packs encourage consumers to buy multiple packs at one time.

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National Committee for Tobacco Control v. BAT et al., Case No. 74502005, Court of Appeals - Rennes (2005).

  • France
  • Jun 23, 2005
  • Court of Appeals - Rennes

Parties

Plaintiff National Committee for Tobacco Control

Defendant

  • British American Tobacco Europe BV
  • British American Tobacco Export BV
  • British American Tobacco Manufacturing BV
  • Daniel Johannes Nieuwoudt
  • Jacob Roland Scheppen
  • Onno Pieter KROONDIJK

Legislation Cited

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

Packaging and Labeling Measures
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

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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