P.J. Carroll & Co. Ltd. v. Minister For Health and Children
Tobacco companies and a tobacco industrial association challenged advertising restrictions in Ireland's tobacco control statutes, claiming violations of constitutional law, European Law and the European Convention on Human Rights. The High Court, sitting as the "Commercial Court," refused to allow the defendants/appellants to present evidence regarding the impacts of tobacco products on minors. The Supreme Court allowed the appeal and set aside the judgment of the Commercial Court. In its analysis, the Supreme Court found that the case was not commercial in its essence, but constitutional. It therefore focused on the constitutional requirement that the advertising restrictions be proportional to their objectives and concluded that the defendants/appellants should have been permitted to provide oral evidence demonstrating the proportionality of the advertising restrictions.
P.J. Carroll & Company Limited, et al. v. Minister of Health and Children, Ireland, et al., [2005] IESC 26, Supreme Court of Ireland (2005).
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
Measures restricting tobacco sales to or by minors, as well as other retail restrictions relating to point-of-sale, candy and toys resembling tobacco products, vending machines, or free distribution.
(See FCTC Art. 16)
Substantive Issues
None
Type of Tobacco Product
None
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.
"The order went on to rule out also evidence relating to the effect of advertising if an amended Reply was delivered admitting those effects. The appellants in cogent written and oral submissions point out that the litigation relates to alleged unconstitutionality of anti-smoking legislation and that notwithstanding the factual admissions referred to by Kelly J. the proportionality of the impugned measures is heavily in issue. They then go on to argue, quite rightly in my view, that they must be allowed adduce oral evidence relating to that issue. This seems to me to be obvious and does not require detailed analysis of authorities whether Irish, Canadian, EU or deriving from anywhere else. It is not in dispute that the respondents intend to adduce oral evidence at the hearing of this trial. At this stage it is not known what the nature of that evidence is. It may well emerge before the trial in that under O. 63A, r. 22 there is a prescribed procedure, unless the judge otherwise orders, providing for serving of written statements outlining the essential elements of evidence to be adduced. It would seem inconceivable that part of the evidence adduced on behalf of the respondents will not be relevant to proportionality. At the very least it would be premature at this stage to rule out any particular evidence on behalf of the appellants on this matter."
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.
Tobacco companies and a tobacco industrial association challenged advertising restrictions in Ireland's tobacco control statutes, claiming violations of constitutional law, European Law and the European Convention on Human Rights. The High Court, sitting as the "Commercial Court," refused to allow the defendants/appellants to present evidence regarding the impacts of tobacco products on minors. The Supreme Court allowed the appeal and set aside the judgment of the Commercial Court. In its analysis, the Supreme Court found that the case was not commercial in its essence, but constitutional. It therefore focused on the constitutional requirement that the advertising restrictions be proportional to their objectives and concluded that the defendants/appellants should have been permitted to provide oral evidence demonstrating the proportionality of the advertising restrictions.