The defendants were prosecuted for trying to sell tobacco products to a minor who had volunteered in a test purchase organized by the Health Board. The judge in the district court asked the High Court to advise as to whether entrapment would constitute a sufficient defense for defendants and, if so, whether the facts of the case raised this defense. The High Court concluded that the Health Board had the authority to organize such tests and that the tobacco control legislation had the objective of protecting children.
Syon v. Hewitt, et al., [2006] IEHC 376, High Court (2006).
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.
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)
Subsequent regulations exceed the scope of the originating law.
Type of Tobacco Product
None
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"The court accepts that public policy and the interests of the common good require that children are protected from the dangers of smoking and addiction to tobacco products. This policy would seem to accord with international practice based on published research findings. It is clear that the protocol requires parental consent and certain safeguards in the use of children as was applied in the present case. The court accepts that it is unlikely that those involved in consensual crime will report the matter to the authorities. It is, accordingly, difficult to ascertain outlets that are acting contrary to the legislation. In this context not alone is it permissible to carry out random test purchases and to commission independent surveys so as to generate a list of target premises, it is the function of the Office of Tobacco Control to do so. The purpose of the legislation is to protect children such as the minor volunteer."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
The defendants were prosecuted for trying to sell tobacco products to a minor who had volunteered in a test purchase organized by the Health Board. The judge in the district court asked the High Court to advise as to whether entrapment would constitute a sufficient defense for defendants and, if so, whether the facts of the case raised this defense. The High Court concluded that the Health Board had the authority to organize such tests and that the tobacco control legislation had the objective of protecting children.