TOBACCO CONTROL LAWS

Swedish Match Ltd. v. The Ministry of Health and Care Services

Swedish Match Ltd. filed a petition to appeal the 2017 Oslo County Court decision upholding Norway's plain packaging laws, specifically challenging 'snus' (oral tobacco). The Oslo County Court had dismissed the application ruling that plain packaging is both suitable, appropriate and necessary and that it does not involve any arbitrary discrimination or hidden trade restriction. The Borgarting Court of Appeal upheld the Oslo Country Court's decision and dismissed the appeal on February 19, 2018.

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Swedish Match Ltd. v. the Ministry of Health and Care Services, Case No.: 18-004746ASK-BORG/04, Borgarting Court of Appeal (2018).

  • Norway
  • Feb 15, 2018
  • Borgarting Court of Appeal
View Case History

Parties

Plaintiff Swedish Match Ltd.

Defendant The Ministry of Health and Care Services

Legislation Cited

Regulations no. 942 of 22 June 2017 amending the regulations on the content and labelling of tobacco products

Act No. 5 of 10 February 2017 amending the Tobacco Control Act (implementing Directive 2014/40/EU and standardized packaging)

International/Regional Instruments Cited

Directive 2014/40/EU (Tobacco Products Directive (TPD))
Directive 2001/37/EC
Council Directive 92/41/EEC
Agreement on the European Economic Area (EEA Agreement)
WHO Framework Convention on Tobacco Control (WHO FCTC)

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

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 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.
Right to Property
A violation of property rights, sometimes in the form of an expropriation or a taking by the government. The tobacco industry may argue that regulations amount to a taking of property rights because they prevent the use of intellectual property such as trademarks.

Type of Tobacco Product

Smokeless tobacco products
Tobacco products that are used by means other than smoking, such as chewing, sniffing, or placing between the teeth and gum. Examples include chewing tobacco, dipping tobacco, snuf, snus, gutkha or gutka, and dissolvable tobacco products.
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