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.

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
Download Document

Parties

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

Defendant Ministry of Health

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

"It should be emphasized that Law No. 25,675 (General Environmental Law) establishes that when there is a danger of serious or irreversible damage, the absence of scientific information or certainty shall not be used as a reason to postpone the adoption of cost-effective measures to prevent the degradation of the environment or, in this case, public health. That the aforementioned precautionary principle has its population and ecological analogy in one of the foundations of medical ethics -the principle of non-maleficence, primum non nocere- and contains many of the attributes of good practice in public health, such as primary prevention and the recognition that unforeseen and undesirable consequences of human actions are not infrequent. Therefore, when there is no certainty but there are indications of possible harmful effects, actions must be taken in advance (precautionary measures) to avoid potential damage."