From the foregoing, it is concluded that any measure adopted for whatever reason in relation to the packaging of cigarettes must always take into account the "best interest" of children and adolescents, avoiding the undermining of their right to health, to the protection of an environment free of tobacco smoke and to the special protection against the encouragement of tobacco consumption, all within the scope of the principle of protection of their rights.
Sociedad Uruguaya de Tabacología v. Executive Branch of the Uruguayan State
Sociedad Uruguaya de Tabacología v. Executive Branch of the Uruguayan State - AMPARO, IUE 2-54452/2022, Family Court [Juzgado Letrado de Familia] (2022).
- Uruguay
- Oct 19, 2022
- Family Court
Sociedad Uruguaya de Tabacología (SUT) challenged Decree No. 282/022, issued by the executive branch, that modified Decree No. 120/019, regulating the Plain Packaging Law of tobacco products. While an administrative tribunal (Tribunal de lo Contencioso Administrativo) was considering the initial challenge, SUT also filed a rapid constitutional challenge, called an “amparo,” requesting suspension of the decree until the administrative challenge is decided. The amparo was filed in Family Court based on the Code for Children and Adolescents (CAN), which explains “the State has the obligation to especially protect children and adolescents from all forms of encouragement to tobacco consumption.”
With regard to the amparo, the court decided in favor of SUT because the Decree fails to meet the objectives of the law that established plain packaging by not achieving the “plain” packaging design and labeling mandate. The Court concluded that any measures related to tobacco packaging, motivated by whatever reasons, must always consider the children and adolescents’ “best interest”, avoiding the violation of their rights to health, to a smoke-free environment, and to a special protection from the encouragement of tobacco consumption.