TOBACCO CONTROL LAWS

Non-Smokers' Rights Association v. Giesbert

The Non-Smokers' Rights Association (DNF) appealed a prior decision holding a magazine and its editor not guilty for publishing photos with the names and logos of cigarettes and other tobacco advertising. The Court of Appeals imposed a fine on the magazine and its editors, holding that (1) whether the cigarettes in the photos were available on the French market was irrelevant for determining the violation; (2) the intent to disseminate information rather than advertise tobacco does not preclude liability; and (3) the magazines’ right to equal protection was not violated.

Non-Smokers' Rights Association v. Giesbert, et al., Case No. 06/02797, Court of Appeals - Paris (2006).

  • France
  • Sep 25, 2006
  • Court of Appeals - Paris
View Case History Download Document

Parties

Plaintiff Non-Smokers' Rights Association

Defendant

  • Franz-Olivier Giesbert
  • La Societe D'exploitation de l'Hebdomadaire Le Point- SEBDO
  • Le Point Journal

Legislation Cited

International/Regional Instruments Cited

Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights)

Related Documents

None

Type of Litigation

Government Enforcement Action
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.
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)

Substantive Issues

Right to Equal Protection
A violation of the right to equal protection under the law, or another form of discrimination. The industry may claim that regulations discriminate against tobacco companies or tobacco products. Smokers may claim that addiction is a health condition, so regulations discriminate against them based on their health condition. Facilities subject to smoke free laws may claim that smoke free (SF) exceptions (e.g., hotel rooms, mental hospitals, etc.) unfairly discriminate against SF businesses because the law should apply to all locations equally.
Right to Freedom of Expression
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.
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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