TOBACCO CONTROL LAWS

New Zealand MOH v. PMI

The Ministry of Health ('MOH') charged Phillip Morris Ltd. with selling 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).

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New Zealand Ministry of Health v Phillip Morris (New Zealand) Ltd., CRI-2017-085-001107 [2018] NZDC 4478

  • New Zealand
  • Mar 12, 2018
  • The District Court of Wellington

Parties

Plaintiff Ministry of Health

Defendant Phillip Morris (New Zealand) Limited

Legislation Cited

Smokefree Environments and Regulated Products Act 1990 (Public Act 1990 No. 108) (as amended)

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

Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)

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.

Type of Tobacco Product

Heated tobacco products (HTPs)

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.

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