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Philip Morris Philippines Manufacturing Inc. v. Department of Health

A tobacco manufacturer sought to set aside the decision by two government agencies to deny the manufacturer’s application for a sales promotion permit.  The agencies denied the application under a federal law which prohibits all promotions, advertisements and/or sponsorships of tobacco products.  The manufacturer argued that the agencies’ actions were an abuse of discretion. The court determined that the federal law gives an interagency tobacco committee exclusive power to administer and implement the provisions.  The other agencies did not have any authority to enforce the provisions of the federal law. The court also noted that the FCTC provides for gradual elimination of tobacco while taking into account the legal environment of the country.  The court ruled against the agencies and granted the manufacturer’s claim.  However, the court could not require the agencies to accept the promotional application since the interagency committee had sole authority.