TOBACCO CONTROL LAWS

Philippine Tobacco Institute v. City of Balanga et al.

The Philippine Tobacco Institute (PTI), whose members include JTI and PMI, challenged a City of Balanga ordinance creating a tobacco-free generation, which prohibits the sale of tobacco products and e-cigarettes to any person born on or after January 1, 2000. The Regional Trial Court ruled in favor of PTI in July 2018, concluding that "any ordinance prohibiting PTI from selling to any person regardless of age is an unreasonable and oppressive interference of business." The court reasoned that the ordinance now covers individuals who have reached the age of majority and is not limited to minors. In addition, the court held that the ordinance violates substantive due process of those exercising parental authority since the ordinance attempted to extend criminal liability to parents.

The City’s appeal to the Court of Appeals was denied, as was a motion for reconsideration.

DOWNLOAD DOCUMENT

Philippine Tobacco Institute v. City of Balanga et al., Special Civil Action No. 10805 (Regional Trial Court of Bataan, 2019).

  • Philippines
  • May 21, 2019
  • Regional Trial Court of Bataan

Parties

Plaintiff Philippine Tobacco Institute Inc.

Defendant

  • City Council of Balanga
  • City Mayor of Balanga
  • City of Balanga

Legislation Cited

Tobacco Regulation Act of 2003 - An Act Regulating the Packaging, Use, Sale, Distribution, and Advertisements of Tobacco Products and for Other Purposes, Republic Act No. 9211

Ordinance No. 16 of 2016

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

Sales to or by Minors
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

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.
Legal Product
Tobacco is a legal product and the tobacco industry is a legal industry.
Ultra Vires Regulation
Subsequent regulations exceed the scope of the originating law.

Type of Tobacco Product

E-cigarettes and other ENDS products
Electronic and/or battery-operated devices designed to deliver an inhaled dose of nicotine or other substances. Examples include electronic cigarettes (e-cigarettes), electronic cigars, electronic cigarillos, electronic hookah, vaporizers, and vape pens. ENDS does not include any device or medication approved by the government as nicotine replacement therapy.
1400 I Street N.W.,
Suite 1200,
Washington, DC 20005
United States of America

Phone: (202) 296-5469

Campaign for Tobacco-Free Kids is a BBB-accredited charity and a
Guidestar Exchange Gold Participant.

© 2025 Campaign for Tobacco-Free Kids | Trademarks | Copyright | Privacy

Site created and maintained by