TOBACCO CONTROL LAWS

Ministry of Culture v. Editions Max Bezols

The Minister of Culture cited defendant for the unlawful publication of tobacco advertisements in "Editions Max Bezols," a magazine aimed at owners of bars and restaurants. The Administrative Court overturned the citation, agreeing with the magazine that the advertisements fell within the law’s exception permitting advertising in tobacco trade publications. The Minister of Culture appealed. The Administrative Court of Appeals reversed the lower court's decision, finding that the magazine was aimed generally at restaurateurs and bar owners, thereby exceeding the scope of the tobacco trade publication exception.

Ministry of Culture of France v. Editions Max Bezols, Case No. 96PA01255, Administrative Court of Appeals of Paris (1997).

  • France
  • May 13, 1997
  • Administrative Court of Appeals of Paris
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Parties

Plaintiff Ministry of Culture

Defendant Editions Max Bezols

Legislation Cited

Code of Public Health

Related Documents

None

Type of Litigation

Government Enforcement Action
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.

Tobacco Control Topics

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

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.
Right to Equal Protection
A violation of the right to equal protection under the law, or another form of discrimination. The industry may claim that regulations discriminate against tobacco companies or tobacco products. Smokers may claim that addiction is a health condition, so regulations discriminate against them based on their health condition. Facilities subject to smoke free laws may claim that smoke free (SF) exceptions (e.g., hotel rooms, mental hospitals, etc.) unfairly discriminate against SF businesses because the law should apply to all locations equally.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

None

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