TOBACCO CONTROL LAWS

Telengtan Brothers & Sons, Inc. v. Ona, et al.

A tobacco manufacturer challenged the Department of Health’s (DOH) requirements to use graphic and text health warnings on its tobacco packaging.  The company sought an injunction preventing the regulations from taking effect, arguing the regulations were outside the authority of the DOH and would take the company’s property.  The court considered the regulations in combination with the FCTC and the authority granted to the DOH under the tobacco control law.  The court ultimately held that the regulations were issued in excess of the authority of DOH and granted the injunction sought by the tobacco company.

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Telengtan Brothers & Sons, Inc. v. The Department of Health Civil Case No. 10-0277

  • Philippines
  • Sep 8, 2010
  • National Capital Judicial Region Regional Trial Court Branch 196 Paranque City

Parties

Plaintiff Telengtan Brothers and Sons (La Suerte Cigar and Cigarette Factory)

Defendant

  • The Dep't of Health
  • The Hon. Sec'y of Health Enrique T. Ona

Legislation Cited

Tobacco Regulation Act of 2003 - An Act Regulating the Packaging, Use, Sale, Distribution, and Advertisements of Tobacco Products and for Other Purposes, Republic Act No. 9211

Administrative Order No. 2010-0013

The Phillipines 1987 constitution

International/Regional Instruments Cited

WHO Framework Convention on Tobacco Control (WHO FCTC)
Vienna Convention on the Law of Treaties (VCLT)

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

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 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.
Ultra Vires Regulation
Subsequent regulations exceed the scope of the originating law.

Type of Tobacco Product

None

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