The Ministry of Health ('MOH') charged Phillip Morris Ltd. with selling a tobacco product called “Heets,” a heated tobacco product, in violation of Sec. 29(2) of the Smoke-free Environment Act 1990 (‘the Act’). The Act prohibits the sale of tobacco "labelled, or otherwise described as suitable for chewing, or for any other oral use (other than smoking)." The Court held that the Act was originally intended to control the sales of chewing tobacco and other tobacco products consumed orally, and therefore "Heets" did not fall within Sec. 29(2).
New Zealand Ministry of Health v Phillip Morris (New Zealand) Ltd., CRI-2017-085-001107 [2018] NZDC 4478
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.
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.
Heated tobacco products (HTPs) are tobacco products that require the use of an electronic device to heat a tobacco insert (stick or pod of compressed tobacco). HTP systems are fully integrated so that the heating device and tobacco insert for each system must be used together.
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"...The evidence of Mr Rumsay was that no combustion occurs when ‘Heets’ is used under normal operating conditions, but “inhalable volatile compounds” are released. Dr Gilchrist’s evidence was to the effect that it is the act of burning the tobacco that leads to the formation of the majority of harmful chemicals - (my emphasis). Dr Gilchrist quoted from a UK Royal College of Physicians report which contained the following passage: The main culprit is smoke and, if nicotine could be delivered effectively and acceptably to smokers without smoke, most if not all of the harm of smoking could probably be avoided.
Given this advice, it can be said that the use of ‘Heets’ while it may have associated risks in itself, is not as harmful or potentially harmful as ordinary cigarette use. This finding would fit squarely with the purposes stated in s 3A(1)(a) and (c) and s 21(b) of the Act. The defendant submits that “the outcome the Ministry is seeking with this prosecution is the opposite of what Parliament sought to achieve when passing the SFEA”.
I find that the ‘Heets’ product is not caught within the ambit of s 29(2) of the Act and the charge is dismissed accordingly."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
The Ministry of Health ('MOH') charged Phillip Morris Ltd. with selling a tobacco product called “Heets,” a heated tobacco product, in violation of Sec. 29(2) of the Smoke-free Environment Act 1990 (‘the Act’). The Act prohibits the sale of tobacco "labelled, or otherwise described as suitable for chewing, or for any other oral use (other than smoking)." The Court held that the Act was originally intended to control the sales of chewing tobacco and other tobacco products consumed orally, and therefore "Heets" did not fall within Sec. 29(2).