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


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

Defendant Ministry of Health

Legislation Cited

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product