TOBACCO CONTROL LAWS

Mme B. v. Republic of France (Decree n° 300467)

Several private individuals and organizations challenged amendments to the Public Health Code. The amendments restricted smoking in public places to enclosed smoking rooms, except for educational facilities where smoking was entirely prohibited.  The court rejected arguments that the legislation, in prohibiting the plaintiff from smoking in the educational facility where she worked, amounted to a violation of the plaintiff's right to peaceful enjoyment of her property. Additionally, the court rejected arguments that the ban infringed smokers' rights to freedom of assembly and association, that the ban infringed upon smokers' liberty and dignity, and that the total prohibition of smoking and smoking rooms in educational facilities violated the principle of equality, finding rather that the bans were proportionate to the aim of protecting public health, were clear and concise, and did not disproportionately affect other private or public interests.

Mme B, et al. v. France, Decree n° 300467 du 19 mars 2007, Council of State (2007).

  • France
  • Mar 19, 2007
  • Council of State
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Parties

Plaintiff

  • Collectif des Amoureux de L'Art de Vivre
  • Confederation of the Departmental Trade Union of Tobacco Sellers in France (Le Confederation des Chambres Syndicale Departementales des Debitants de Tabac de France)
  • Confrerie Jean Nicot
  • Confrerie Maitres Pipiers de Saint Claude
  • M. A
  • Mme. B
  • Touche Pas a Mon Clope

Defendant France

Third Party

  • CONFRÉRIE DES FUMEURS DE PIPE DU PÉRIGORD
  • PIPE CLUB DE FRANCE
  • PIPE CLUB DE LANESTER

Legislation Cited

Code of Public Health

International/Regional Instruments Cited

Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights)

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

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Right to Freedom of Association
Connected to the right to create organizations, e.g., labor unions.
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.
Right to Property
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.
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

None

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