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.
Between 2011 and 2013, Japan Tobacco sponsored a charity project run by the Hondao Senior Citizen’s Welfare Foundation. Japan Tobacco publicized its sponsorship to enhance its corporate public image.
The Taipei City Government fined Japan Tobacco NTD 5 million for violating Article 9 (8) of the Tobacco Hazards Prevention Act (THPA), which bans indirect tobacco promotion. Japan Tobacco appealed to the Taipei Administrative High Court and to the Supreme Administrative Court of Taiwan, both of which dismissed the appeal.
Japan Tobacco then appealed to the Constitutional Court of Taiwan alleging the law was unconstitutional due to a lack of clarity and definiteness and a violation of the right to freedom of speech and right to equal protection. The court dismissed Japan Tobacco’s appeal noting that the law served a legitimate purpose (public health) was adequately clear and definite so as respect freedom of speech and equal protection rights.