TOBACCO CONTROL LAWS

British America Tobacco Manufacturing BV v National Committee for Tobacco Control

The defendant tobacco manufacturers sold cigarettes in packages with enticing slogan. The National Committee for Tobacco Control (CNCT) brought a criminal complaint for illegal tobacco advertising. In 2009, the parties were convicted and a €150,000 fine was imposed on each. 

The defendants appealed and alleged that the lower court (the Versailles Court of Appeal) interpreted the criminal law too broadly and that the defendants’ commercial communications were protected by freedom of expression. 

The Court de Cassation rejected the appeal concluding that the slogans on the packaging were intended to promote tobacco and that the Public Health Code prohibited all forms of commercial communication with a tobacco promotion purpose. Citing a 2006 Court de Cassation ruling, the Court noted that any restrictions on freedom of expression or trademark ownership were necessary for the protection of public health.

British America Tobacco Manufacturing BV v National Committee for Tobacco Control (2010), Court of Cassation, Criminal Chamber, Decision Number 09-88598 (Unpublished).

  • France
  • Nov 3, 2010
  • Court of Cassation, Criminal Chamber
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Parties

Plaintiff / Petitioner / Applicant / Appellant

  • National Committee for Tobacco Control

Defendant / Respondent / Appellee

  • British American Tobacco Manufacturing BV
  • British American Tobacco The Netherlands BV

Legislation Cited

Code of Public Health

French Criminal Code

French Code of Criminal Procedure

French Declaration of the Rights of Man and of the Citizen

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

Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.

Tobacco Control Topics

Packaging and Labeling Measures
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)
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 Freedom of Expression
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.

Type of Tobacco Product

None

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