TOBACCO CONTROL LAWS

Naya Bans Sarv Vyapar Association v. Union of India

An association of tobacco wholesalers challenged provisions of India's omnibus tobacco control law prohibiting the sale tobacco products within 100 yards of a school. An earlier judgment found that the law applied to wholesale as well as retail tobacco sales. In this decision the court allowed the association to operate within 100 yards of a school after 2 pm so long as no retail sales are allowed.

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Naya Bans Sarv Vyapar Association v. Union of India, No. 39271-39272/2012, Supreme Court of India (2013).

  • India
  • Feb 1, 2013
  • Supreme Court of India
View Case History

Parties

Plaintiff Naya Bans Sarv Vyapar Association

Defendant Union of India

Third Party

  • World Lung Foundation

Legislation Cited

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

Sales to or by Minors
Measures restricting tobacco sales to or by minors, as well as other retail restrictions relating to point-of-sale, candy and toys resembling tobacco products, vending machines, or free distribution. (See FCTC Art. 16)

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.
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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