TOBACCO CONTROL LAWS

Philippine Tobacco Institute v. Court of Appeals

A tobacco industry trade organization challenged the legality of an administrative order issued by an executive agency under authority delegated to the agency by Republic Act 7394.  The appellate court held, in part, that the provision of the administrative order that required placement of a legislatively mandated health warning on both the front and back panels of cigarette and cigar product packaging was validly promulgated as an exercise of authority granted to the agency by the Act.  The Supreme Court dismissed the trade organization's petition for review of the appellate court decision on procedural grounds. Here, the Supreme Court denied the trade organization's motion for reconsideration of the dismissal, noting that the trade organization provided no compelling reason to reconsider the prior decision.

Philippine Tobacco Institute, Inc. v. Secretary of Health, et al., G.R. No. 146343, Philippines Supreme Court (2001).

  • Philippines
  • Jun 20, 2001
  • Republic of the Philippines, Supreme Court, Manila
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Parties

Plaintiff Philippine Tobacco Institute, Inc.

Defendant

  • Court of Appeals
  • Secretary of Health

Legislation Cited

The Consumer Act of the Philippines Republic Act No. 7394

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

Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)
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

Consumer Protection Violation

Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.

Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.

Type of Tobacco Product

Cigars, cigarillos, bidis, and other similar products
Any combustible tobacco product that is designed to be smoked – other than cigarettes – including cigars, cigarillos, little cigars, blunts, and bidis or beedis (small, flavored filterless Indian cigarettes).
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