TOBACCO CONTROL LAWS

L'Association SOS Tabagisme v. La Firme CRAVEN A

A public interest group, SOS Tabagisme, sued a tobacco company, Craven A, for violating the law regulating tobacco advertising by erecting a large billboard on a main street and by distributing free t-shirts and cigarettes. Craven A alleged that SOS Tabagisme did not have standing to enforce the fine, arguing that only the government can enforce the legislation and collect any associated fine. In addition, Craven A argued that, as an official sponsor of la Coupe d'Afrique des Nations 2000, its billboard came within an exception that allowed tobacco companies to advertise at certain events where they were the official sponsor. The Court agreed to hear the action and ruled against Craven A as the advertisement was not associated with the soccer tournament, which, in any case, did not take place in Mali.

L'Association SOS Tabagisme v. La Firme CRAVEN A, N°96/RG, Tribunal de Première Instance de la Commune III du District de Bamako [District Court of Village III of the District of Bamako] (2000).

  • Mali
  • Apr 13, 2000
  • District Court of Village III of the District of Bamako (Tribunal de Première Instance de la Commune III du District de Bamako)
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Parties

Plaintiff L'Association SOS Tabagisme, Bamako

Defendant La Firme Craven A

Legislation Cited

Law No. 96-041 Imposing Restrictions on Advertising and Smoking

Decree No. 97-162/P-RM Prescribing Rules for the Implementation of Law No. 96-041

Related Documents

None

Type of Litigation

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)
Liability
Measures dealing with criminal and civil liability, including compensation. (See FCTC Art. 19)

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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