JT International (Thailand) v. Minister of Public Health

Japan Tobacco challenged a Ministry of Health order that required the display of combined picture and text health warnings covering at least 85% of at least two of the largest surfaces of the cigarette packs and cartons.  While in the lower court, the tobacco company plaintiff sought and received an order that temporarily suspended the implementation of the pack warnings while the case was ongoing.  

In this decision, following an appeal by the government, the Supreme Administrative Court reversed the lower court’s temporary order.  The Supreme Administrative Court found that the requirements issued are not outside the intended scope of the tobacco control law and noted that the requirements were issued to “protect the people and our youth.” Additionally, the Court held that allowing the regulations to remain in effect while this case was still being decided on the merits would not burden the state or in any way cause problems that would be difficult to remedy after the fact because (a) plaintiffs could restore their production system to its former state without experiencing undue loss, as they would be using their former production system and would not experience any impact to their trademarks or other advantages; and (b) the admissible fact that there were other producers who had been able to comply with the disputed regulations refuted the claim that compliance with the regulations was an insurmountable manufacturing technical problem.

The legal challenge was ultimately withdrawn.

JT International (Thailand) v. Minister of Public Health, Supreme Administrative Court, Order No. 269/2557, 29 May 2014

  • Thailand
  • May 29, 2014
  • Supreme Administrative Court
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Parties

Plaintiff

  • JT International Company (Thailand), Limited
  • JT International SA

Defendant

  • Minister of Public Health
  • Ministry of Public Health

Legislation Cited

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"We find that the requirements issued in this instance are not outside the intended scope of the law on control of tobacco products. The requirements were issued to protect the people and our youth. At this stage, whether we admit that there are no studies on the several impacts or damages that may result, such as damages resulting from the [requirement for] enlargement of the images from an area of 55 percent of the front and back of the cigarette pack to 85 percent, which the two Defendants assert is done to comply with the World Health Organization Framework Convention on Tobacco Control (FCTC); whether issue of the said Notice without any study of the impacts and damages that may result is an excessive burden for the two Plaintiffs, whether these requirements will actually achieve the intended purpose or create benefit for consumers in an appropriate ratio to the damage suffered by the two Plaintiffs; whether the two Plaintiffs participated in the procedure by which the Notice was issued; whether the proposals and objections by parties having an interest in the matter were heard; and whether there will be impacts on the trademark rights held by the two Plaintiffs, these things are matters that will be considered later during the case. However, they may not be significant to the exercise of the Court’s discretion in deciding whether to order suspension of enforcement of the regulation at this stage. The facts of the case establish clearly that there was no report of any study of these matters. It also appears that the two Defendants submitted in defense that there are research studies and opinion surveys relating the warning images on cigarette packs to tobacco consumption. Even if these facts were not submitted in the Administrative Court of First Instance, this problem is still recognized as a problem of the public good that the Defendants may assert at this stage. Further, even if the facts establish that the effect of expansion of warning images on cigarette packs on consumption by existing smokers is only temporary, the warnings will still affect new consumers or prospective consumers of tobacco to some degree. In any event, the arguments explaining the facts brought by the two Plaintiffs are matters for consideration and deliberation later in the case."