TOBACCO CONTROL LAWS

National Committee for Tobacco Control v. President of Philip Morris France

The Paris Court of Appeal dismissed a complaint brought by the National Committee for Tobacco Control (“CNCT”). CNCT brought the complaint to a public prosecutor, who deemed it inadmissible. The Court of Appeal agreed.

Specifically, the complaint alleged that the presidents of four tobacco companies should be held criminally liable for harming the lives of others, because they knowingly designed addictive cigarettes with holes in the filters.

The holes in the filters caused toxin tests to have lower toxicity results. The tobacco companies then listed these lower results on cigarette packaging. CNCT alleged this was deceptive and misleading to smokers, impairing their consent and causing them harm.

The Court concluded the complaint was inadmissible because CNCT did not itself experience physical harm and because the tobacco companies were complying with the law when listing the toxin levels on the packaging.  

National Committee for Tobacco Control v. President of Philip Morris France, Prosecution Number 19 102 001 004, Instruction Number 20f/19/68 (2021).

  • France
  • Jul 23, 2021
  • Paris Court of Appeal, Tribunal de Grande Instance de Paris
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Parties

Plaintiff National Committee for Tobacco Control (CNCT)

Defendant

  • President of Philip Morris France
  • President of British American Tobacco France
  • President of Japan Tobacco International France
  • President of Imperial Brand Finance France

Legislation Cited

Code of Public Health

French Code of Criminal Procedure

French Criminal Code

Related Documents

Complaint to Prosecutor

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

Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)
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)
Liability
Measures dealing with criminal and civil liability, including compensation. (See FCTC Art. 19)

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Right to Access to Information
A violation of the public’s right to information. The tobacco industry may claim that advertising, promotion or sponsorship, or packaging regulations limit the industry’s ability to communicate information to their customers and therefore infringes on the customer’s right to receive information, and to distinguish one product from another. Alternatively, public health advocates may claim that tobacco industry misinformation violates their right to accurate information or that government must be transparent in its dealings with the tobacco industry.
Right to Life
A violation of the right to not be killed by another person. Arguments may also be similar or tied to right to health arguments.
Consumer Protection Violation

Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.

Industry-Perpetrated Fraud
The tobacco industry may have perpetrated a fraud upon the public or the courts by presenting false information or deliberately hiding known-facts.
Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.
Acceptance of Known Risk

A plaintiff’s liability may be limited where she has accepted the risks and consequences of her behavior.  The tobacco industry may argue that the dangers of smoking are well known, so liability should be limited.

Type of Tobacco Product

None

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