LITIGATION BY COUNTRY

India

Karnataka Beedi Industry Association v. Union of India

The Karnataka Beedi Industry Association challenged the legality (as it relates to beedis) of an October 2014 Ministry of Health notification establishing pack warnings on 85% of both sides of tobacco product packaging. Without ruling on the merits of the case, the court stayed the implementation of the pack warnings notification in a preliminary order.

Karnataka Beedi Industry Association et al. v. Union of India, Writ Petition Nos. 53876-53877 / 2015, High Court of Karnataka (2015).

India
Dec 8, 2015
High Court of Karnataka at Bengaluru

View Case History Download Document

Open All

Parties

Plaintiff

D. Somappa Shetty
Karnatka Beedi Industry Association

Defendant Union of India

Legislation Cited

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

Packaging and Labeling Measures

Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)

Substantive Issues

Right to Commerce

A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.

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.

Tobacco Control Law Violation

A claim of a violation of a tobacco control law or statute.

Ultra Vires Regulation

Subsequent regulations exceed the scope of the originating law.

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.

Do not show me this message again

View Limitations

1400 I Street N.W.,
Suite 1200,
Washington, DC 20005
United States of America

Phone: (202) 296-5469

Campaign for Tobacco-Free Kids is a BBB-accredited charity and a
Guidestar Exchange Gold Participant.

Site created and maintained by