TOBACCO CONTROL LAWS

Non-Smokers' Rights Association v. Karsenti et al.

The Non-Smokers' Rights Association (DNF) brought suit against Mr. Michel Karsenti, Director of Publication of Spirits & Co Magazine and CEO of SAS Luxmedia Group, for promoting cigars by publishing articles and pictures in the magazine Spirits & Co Magazine. The Court found Mr. Karsenti guilty and ordered him to pay 5,000 euros in damages to the Non-Smokers' Rights Association. The Court declared inadmissible the claims concerning SAS Luxmedia – Group.

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Non-Smokers' Rights Association v. Karsenti et al., Case No.08/03385, Court of Appeals – Paris (2008)

  • France
  • Nov 14, 2008
  • Court of Appeals - Paris

Parties

Plaintiff Non-Smokers' Rights Association

Defendant

  • La Societe Luxmedia Group
  • Michel Karsenti

Legislation Cited

Code of Public Health

French Penal Procedure Code

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

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 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

Cigars, cigarillos, bidis, and other similar products
Any combustible tobacco product that is designed to be smoked – other than cigarettes – including cigars, cigarillos, little cigars, blunts, and bidis or beedis (small, flavored filterless Indian cigarettes).
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