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.
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
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.
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)
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.
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.
"It would be an understatement for public respondent to disregard Section 29 of RA9211 creating the IACT (Tobacco Control Committee) when the broad spectrum of social relevancy of tobacco sale, distribution, advertisement is left for the policy determination by the IACT, which collegial body determines as a matter of policy and plan of activity means of regulating the distribution of tobacco products. It can not be overly emphasized that the existence of Section 29 of RA2911 is a delimitation to the authority of the Department of Health to exclusively undertake policy formulation and plan activities for tobacco regulation under Section 3.1 Chapter 1 of Title IX of EO292 by force of statute, given the expressed intention and meaning of the law. Unfortunately, was disregarded by public respondent to render the assailed AO2010-0013 to have been issued in excess of authority, without drawing policy guideline and plan framework from the IACT which board was created by law."
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.
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.