TOBACCO CONTROL LAWS

JTI v. Customs and Monopolies Agency (ADM)

Japan Tobacco International (JTI) filed a lawsuit against the Italian Customs and Monopolies Agency (ADM) following ADM’s order to withdraw the brands “Camel Activate” and “Winston Expand” from the market. ADM found that the cigarettes had menthol in violation of the law prohibiting characterizing flavors. JTI argued that ADM did not comply with the approved method to determine characterizing flavors, as outlined in European Union Commission Decision 2021/C 89 I/01. It also argued that ADM was precluded from taking action against these products under European regulations because the Swedish government had initiated an investigation into these same products. The court agreed with JTI and overturned ADM’s withdrawal of the products from the market. Therefore, the brands are allowed to be placed back on the market.

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JTI v. Customs and Monopolies Agency (ADM), No. 12091/2022, Regional Administrative Court of Lazio

  • Italy
  • Sep 21, 2022
  • The Regional Administrative Court of Lazio

Parties

Plaintiff JT International Italia S.r.l.

Defendant

  • The Customs and Monopolies Agency
  • Ministry of Health

Legislation Cited

Legislative Decree No. 6 of January 12, 2016, Implementation of Directive 2014/40/EU

International/Regional Instruments Cited

Directive 2014/40/EU (Tobacco Products Directive (TPD))
Commission Decision of 11 March 2021
Commission Implementing Regulation (EU) 2016/779

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IT 20220921 JTI v ADM Customs Agency Flavors IT

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)

Substantive Issues

Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.
Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.

Type of Tobacco Product

None

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