British American Tobacco of Peru S.A.C. v. Congress of the Republic
British American Tobacco of Peru sued the Congress of the Republic, challenging the prohibition on sales of tobacco packages containing less than 10 cigarettes alleging that such a prohibition violates the freedom of enterprise and industry. This decision, from the Specialized Constitutional Court of Lima, rejects British American Tobacco’s claim. Significantly, the Court observed that the FCTC is a human rights treaty that ratifies the idea that economic freedoms should be limited in order to protect other rights, such as economic and social rights.