TOBACCO CONTROL LAWS

Kauffmann v. Non-Smokers' Rights Association

The director of the Amateur Cigar website was held civilly and criminally liable for violating advertising and promotion laws by publishing unlawful content on the site. On appeal to the Court of Cassation to review the criminal penalties, the court noted that the violations at issue were located on the website for three years.  The court therefore would not entertain the director's request for penalty abatement and dismissed the appeal.

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Kauffmann v. Non-Smokers' Rights Association, No. X 05-86.451 F-P+F+1, Court of Cassation (2006).

  • France
  • Jan 17, 2006
  • Court of Cassation

Parties

Plaintiff Non-Smokers' Rights Association

Defendant Jean-Paul Kauffmann

Legislation Cited

Related Documents

None

Type of Litigation

Government Enforcement Action
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.
Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.

Tobacco Control Topics

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

Cigars, cigarillos, bidis, and other similar products
Any combustible tobacco product that is designed to be smoked – other than cigarettes – including cigars, cigarillos, little cigars, blunts, and bidis or beedis (small, flavored filterless Indian cigarettes).
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