Plaintiffs filed suit, objecting to a mandate that prohibited smoking in enclosed public places in their workplace, including private offices. Plaintiffs requested that the State create smoking areas and sought damages for any delay in the creation of such spaces. The court set aside the prohibition against smoking in private offices as it contradicted legislation, but did not impose an obligation on the employer to create smoking areas because the law did not contain such a requirement. The court further ordered that plaintiffs pay a symbolic amount to defendant for legal costs.
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.
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.
Plaintiffs filed suit, objecting to a mandate that prohibited smoking in enclosed public places in their workplace, including private offices. Plaintiffs requested that the State create smoking areas and sought damages for any delay in the creation of such spaces. The court set aside the prohibition against smoking in private offices as it contradicted legislation, but did not impose an obligation on the employer to create smoking areas because the law did not contain such a requirement. The court further ordered that plaintiffs pay a symbolic amount to defendant for legal costs.