TOBACCO CONTROL LAWS

Amateur Cigar Society v. Republic of France

Amateur Cigar Society and its directors were sued for unlawful advertising of tobacco products.  Amateur Cigar alleged, however, that the tobacco advertising law was unconstitutional because it violated Amateur Cigar’s right to equal protection.  The trial court forwarded the constitutionality question to the Court of Cassation which upheld the legislation, reasoning that the goal of protecting public health outweighed Amateur Cigar's rights.

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Amateur Cigar Society, et al. v. Republic of France, Case No. 591, Court of Cassation (2012).

  • France
  • Jan 24, 2012
  • Court of Cassation, Criminal Chamber

Parties

Plaintiff

  • Amateur Cigar Society
  • Jean-Yves Martinez
  • Louis Mesple

Defendant Republic of France

Legislation Cited

Declaration of the Rights of Man and of the Citizen, Articles 1, 11

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.

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

Cigars, cigarillos, bidis, and other similar products
Any combustible tobacco product that is designed to be smoked – other than cigarettes – including cigars, cigarillos, little cigars, blunts, and bidis or beedis (small, flavored filterless Indian cigarettes).
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