A business violated Turkey’s law, which prohibits the use of tobacco products in indoor areas such as shopping centers. In addressing whether employees of a business unreasonably obstructed health officials from enforcing the smoking law, the court noted that the business did not qualify for any of the law’s exemptions even though it had a stand-alone ventilation system. As for the criminal violations, the court found that the business owner was not criminally liable and postponed its decision regarding the other two defendants: an employee and a patron of the business.
K.H. v. Y.Y, Karsiyaka 4th Criminal Court of First Instance, File-Ruling No. 2008/476 - 2009/434.
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.
Measures to reduce or eliminate exposure to tobacco smoke.
(See FCTC Art. 8)
Substantive Issues
None
Type of Tobacco Product
None
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"In the law numbered 4207 for the prevention of tobacco related harm and control issued to protect community, child and youth health, and the prime ministry decree within this scope that was published in
the Official Newspaper dated 06/05/2008 in which the application matters are specified, it is set forth that tobacco products cannot be consumed in closed areas such as commercial centers and shopping centers and it has been ruled that in areas where smoking is not allowed, where the areas have not been isolated and where the circulation of air has not been blocked like restaurants, cafes, cafeterias and pubs, tobacco products cannot be consumed. In this context, at the place of business called [REDACTED] owned by defendant Y.i. located insider the ege park shopping center it has been determined from the scope of the file, the pictures submitted during the hearing and the statements of the defense and witnesses that there are places to sit in front of this location and that the elements of isolation and blockage of air circulation are not applicable here and therefore does not constitute a place of work that is an exception to the non-smoking rule this the claims and defenses made to the effect that smoking is allowed in this workplace are void of legal basis."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
A business violated Turkey’s law, which prohibits the use of tobacco products in indoor areas such as shopping centers. In addressing whether employees of a business unreasonably obstructed health officials from enforcing the smoking law, the court noted that the business did not qualify for any of the law’s exemptions even though it had a stand-alone ventilation system. As for the criminal violations, the court found that the business owner was not criminally liable and postponed its decision regarding the other two defendants: an employee and a patron of the business.