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.
Plaintiff, Ocampo Uribe, challenged the constitutionality of the prohibition of sale of tobacco products in packages containing less than ten cigarettes. According to the plaintiff, this prohibition violates the constitutional principle of individual autonomy as adults would be restricted from purchasing individual cigarettes. Also, according to the plaintiff, the prohibition violates the constitutional principle of solidarity, affecting street sellers, a vulnerable population. The court emphasized the hazardous nature of tobacco, the necessity that the economy promotes development, and the role of the FCTC. The court upheld the measure responding to the two main arguments: on the first, that the prohibition does not restrict tobacco consumption but tobacco sales; on the second, that it was not proved that the prohibition would substantially affect street sellers’ living conditions.