TOBACCO CONTROL LAWS

Non-Smokers' Rights Association v. British American Tobacco

Non-Smokers' Rights Association sued British American Tobacco (BAT) France for violating the country’s tobacco advertising laws in 2010. The court found BAT France and its president guilty of both criminal and civil violations for (1) distributing a poster to 28,000 retailers saying “false cigarette, true risk” with the BAT logo; and (2) publishing a document on the company’s website announcing a BAT France campaign to raise awareness of counterfeit tobacco cigarettes. The court found that the poster and the campaign constituted illegal tobacco advertising by encouraging people to consume tobacco products and by enhancing the value of the BAT France brand. BAT was ordered to pay a fine for violating the law.

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Non-Smokers' Rights Association v. British American Tobacco - France, No. 11206045240, Court of First Instance - Nanterre (2012).

  • France
  • Oct 5, 2012
  • Court of First Instance - Nanterre
View Case History

Parties

Plaintiff Non-Smokers' Rights Association

Defendant

  • British American Tobacco - France
  • Mr. Ricardo de Alameida Oberlander

Legislation Cited

Related Documents

Decision in French

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

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)
Illicit Trade
Measures relating to illicit trade, including smuggling, illicit manufacturing and counterfeiting. (See FCTC Art. 15)

Substantive Issues

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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