TOBACCO CONTROL LAWS

Inversiones Eivissa S.A.C. v. Ministry of Health et al.

A company that owns two stores located in Barranco Municipality challenged the validity of a city ordinance and Ministry of Health regulation which define enclosed public spaces. The company argued that the definition contained in the city ordinance and in the Ministry of Health regulation is stricter than the one established by Law No. 29517. In addition, it argued that this definition implied an illegal bureaucratic barrier which affects its commercial freedom. The Lima Superior Court agreed with the plaintiff and authorized the company not to comply with the ordinance or the regulation.

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INVERSIONES EIVISSA S.A.C. v. Ministry of Health et al., Lima Superior Court of Justice (2015)

  • Peru
  • Oct 5, 2015
  • Lima Superior Court of Justice

Parties

Plaintiff INVERSIONES EIVISSA S.A.C. “Picas” store and "Chala” store

Defendant

  • Barranco Municipality
  • INDECOPI
  • Ministry of Health

Legislation Cited

Supreme Decree No. 015-2008-SA, Regulations of Law No. 28705

Law No. 29517, Law Which Amends Law No. 28705, General Law for the Prevention and Control of the Risks of Tobacco Use in Order to Adapt to the WHO Framework Convention On Tobacco Control

Law No. 28705, General Law for the Prevention and Control of Tobacco Use Risks

Supreme Decree No. 001-2011-SA, Amending Regulation of Law No. 28705

Barranco Municipal Ordinance 342

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
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.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Ultra Vires Regulation
Subsequent regulations exceed the scope of the originating law.

Type of Tobacco Product

None

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