Heisei 16 Non-smoking Taxi Case

Three taxi drivers and 23 taxi passengers sued the government for failure to enforce smoke-free measures on taxis.  Taxi drivers alleged that the Ministry of Transportation and the Ministry of Health, Labor and Welfare had the duty to enforce smoke-free regulations against private taxi companies. The Court found that defendant did not have the duty to enforce smoke-free measures against taxi companies, but recognized that smoking in taxis harms the health of drivers and passengers and that taxi companies have a duty to protect the health of its drivers and passengers.  The Court held that the government shall use its executive power to promote the transition to a smoke-free taxi business.  However, the plaintiffs' demands were denied.


Tokyo Chiho Saibansho [Tokyo Dist. Ct.] Dec. 20, 2005, Hei 16 (wa) No. 15532, Kakyu Saibansho Hanreishu [Saibanrei Joho] 1, (Japan).

  • Japan
  • Dec 20, 2005
  • Tokyo District Court



  • 23 Taxi Passengers
  • Hirada Nobuo (平田信夫)
  • Ohata Hideki (大畠英樹)
  • Yasui Kouichi (安井幸一)

Defendant Japan (represented by Minister of Transportation and Minister of Health, Labor and Welfare)

Legislation Cited

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product