TOBACCO CONTROL LAWS

Philip Morris Intl. v. University of Stirling

Philip Morris International (PMI) requested information from the University of Stirling about a project being undertaken by the University's Centre for Tobacco Control Research that deals with the effects of plain packaging on young adult smokers.  The University, a public authority for the purposes of this case, refused to provide the requested information, arguing that the request was vexatious under their Freedom of Information Act.  The Scottish Information Commissioner ruled in PMI's favor, concluding that, among other things, the request was not vexatious or a harassment to the University.  The Commissioner emphasized that, although the request was likely to impose a significant burden on the University, it could have asked PMI to re-formulate the request and should have provided advice and assistance to PMI.  

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PMI v. University of Stirling, Decision 129/2011, Scottish Information Commissioner (2011).

  • United Kingdom
  • Jun 30, 2011
  • Scottish Information Commissioner

Parties

Plaintiff Philip Morris International

Defendant University of Stirling

Legislation Cited

Freedom of Information (Scotland) Act 2002

Related Documents

None

Type of Litigation

Industry Action against Individual
The tobacco industry may attack an individual or organization in court. For example, a tobacco company may sue a tobacco control advocacy organization for defamation. Another example is a suit in which a tobacco company sought burdensome document production from a University under a freedom of information claim.

Tobacco Control Topics

Industry Interference
Measures to protect health policies from the commercial or other vested interests of the tobacco industry. (See FCTC Art. 5.3)
Packaging and Labeling Measures
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)

Substantive Issues

Right to Access to Information
A violation of the public’s right to information. The tobacco industry may claim that advertising, promotion or sponsorship, or packaging regulations limit the industry’s ability to communicate information to their customers and therefore infringes on the customer’s right to receive information, and to distinguish one product from another. Alternatively, public health advocates may claim that tobacco industry misinformation violates their right to accurate information or that government must be transparent in its dealings with the tobacco industry.
Undue Burden
A discussion on whether the regulations impose an undue burden on the tobacco industry. This argument may involve the costs of implementing regulatory measures.

Type of Tobacco Product

None

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