TOBACCO CONTROL LAWS

Massalin Particulares S.R.L. v. Ministry of Health

In March 2023, the Ministry of Health (MOH) issued Resolution 565/2023, banning the importation, distribution, sale and advertising of heated tobacco products (HTPs), including related devices. Massalin Particulares, a Philip Morris subsidiary, filed an administrative complaint against the HTP ban. They contended the MOH had overstepped its powers, acted beyond the established legal framework, and violated the right to economic freedom. Plaintiff alleged that the Resolution is inadequate in protecting public health as it bans HTPs without demonstrating that they are more dangerous than other over-the-counter products, including conventional cigarettes. The MOH upheld the comprehensive ban on HTPs and their accessories, asserting that it was in line with legal obligations and aimed at safeguarding public health.

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Massalin Particulares S.R.L. v. Ministry of Health, RESOL-2023-4105-APN-MS, City of Buenos Aires (2023)

  • Argentina
  • Jul 12, 2023
  • City of Buenos Aires

Parties

Plaintiff Massalin Particulares S.R.L. (Philip Morris subsidiary)

Defendant Ministry of Health

Legislation Cited

Resolution 565/2023

Related Documents

None

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

Industry Interference
Measures to protect health policies from the commercial or other vested interests of the tobacco industry. (See FCTC Art. 5.3)

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
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.
Excessive Delegation of Authority to the Executive
The legislative branch, through its tobacco control legislation, may have granted too much authority to the executive branch to implement measures administratively.

Type of Tobacco Product

Heated tobacco products (HTPs)

Heated tobacco products (HTPs) are tobacco products that require the use of an electronic device to heat a tobacco insert (stick or pod of compressed tobacco). HTP systems are fully integrated so that the heating device and tobacco insert for each system must be used together.

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