TOBACCO CONTROL LAWS

National Committee for Tobacco Control v. British American Tobacco France

A public interest association challenged the publication of a website created by British American Tobacco France and accessible in France aiming to market an electronic ‘vaping’ device and associated cartridges called “VYPE ePOd”. The court found claim on the deletion of certain language and clips on “govype.com/fr” admissible and dismissed all other claims.

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National Committee for Tobacco Control v. BAT France, Case No. 20/00977, Nanterre Judicial Court (2021).

  • France
  • Feb 12, 2021
  • Nanterre Judicial Court

Parties

Plaintiff National Committee for Tobacco Control

Defendant British American Tobacco France

Legislation Cited

Order No. 2016-623 of May 19, 2016, Concerning Transposition of Directive 2014/40/EU on the Manufacture, Display and Sale of Tobacco Products and Related Products

Code of Public Health

French Code of Civil Procedure

French Civil Code

International/Regional Instruments Cited

Directive 2014/40/EU (Tobacco Products Directive (TPD))

Related Documents

Decision in French

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

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

Substantive Issues

Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

E-cigarettes and other ENDS products
Electronic and/or battery-operated devices designed to deliver an inhaled dose of nicotine or other substances. Examples include electronic cigarettes (e-cigarettes), electronic cigars, electronic cigarillos, electronic hookah, vaporizers, and vape pens. ENDS does not include any device or medication approved by the government as nicotine replacement therapy.
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