In this case the court determined the propriety of an earlier preliminary injunction. The earlier injunction had restrained the Department of Health, the defendant, from implementing Administrative Order No. 2010-0013. This order required the use of graphic health information on tobacco product packaging. The plaintiff, Mighty Corporation, argued that the administrative order infringed upon the plaintiff’s liberty and property causing irreparable injury and unwarranted expenses in enforcement. The court recognized that while the Order was meant to protect consumers against deceptive and unfair sales, the additional warning requirements would negatively affect the plaintiff’s business. Since the Administrative Order seemed to conflict with the Tobacco Regulation Act of 2003, the court decided to issue the preliminary injunction.
The Court also considered the defendant’s motion for reconsideration. The Department of Health thought the initial preliminary injunction violated its right to due process since a hearing was never held. The Court found that the order did not preclude the defendant from filing relevant motions nor a comment to the court. Thus the defendant was not denied due process, and the preliminary injunction was legal.
Mighty Corp. v. Department of Health, No. 393-M-2010, Philippines Regional Trial Court Branch 15 Malolos City (2010)
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.
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.
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging.
(See FCTC Art. 11)
A violation of property rights, sometimes in the form of an expropriation or a taking by the government. The tobacco industry may argue that regulations amount to a taking of property rights because they prevent the use of intellectual property such as trademarks.
Type of Tobacco Product
None
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"While both the DOH Administrative Order No. 2010-0013 and Tobacco Regulations Act of 2003 aim to protect the public from hazardous products and promote the right to health and instill health consciousness, the administrative order poses an additional and/or new warning on tobacco products which will directly affect the plaintiff's business. The seemingly apparent conflict in the simultaneous implementation of both the law and the administrative order will necessarily result to injury which at the outset should be restrained."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
In this case the court determined the propriety of an earlier preliminary injunction. The earlier injunction had restrained the Department of Health, the defendant, from implementing Administrative Order No. 2010-0013. This order required the use of graphic health information on tobacco product packaging. The plaintiff, Mighty Corporation, argued that the administrative order infringed upon the plaintiff’s liberty and property causing irreparable injury and unwarranted expenses in enforcement. The court recognized that while the Order was meant to protect consumers against deceptive and unfair sales, the additional warning requirements would negatively affect the plaintiff’s business. Since the Administrative Order seemed to conflict with the Tobacco Regulation Act of 2003, the court decided to issue the preliminary injunction.
The Court also considered the defendant’s motion for reconsideration. The Department of Health thought the initial preliminary injunction violated its right to due process since a hearing was never held. The Court found that the order did not preclude the defendant from filing relevant motions nor a comment to the court. Thus the defendant was not denied due process, and the preliminary injunction was legal.