The government of Saskatchewan sued a number of tobacco companies seeking to recover the health care costs of treating citizens with tobacco-related disease. The government alleged that the tobacco companies engaged in a decades-long conspiracy to mislead Saskatchewan about the health risks of smoking and to suppress information about the dangers of smoking. Three of the tobacco companies sought to dismiss the claim, arguing that the court did not have sufficient jurisdiction over them. The court rejected the tobacco companies’ argument and allowed the claim to proceed. The court found that there was enough evidence to show a real and substantial connection between Saskatchewan and the tobacco companies.
Governments or insurance agencies may seek reimbursement from the tobacco companies for health care costs related to tobacco. The most famous example is the case brought by individual states in the U.S.A. that resulted in the Master Settlement Agreement.
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)
Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.
The government of Saskatchewan sued a number of tobacco companies seeking to recover the health care costs of treating citizens with tobacco-related disease. The government alleged that the tobacco companies engaged in a decades-long conspiracy to mislead Saskatchewan about the health risks of smoking and to suppress information about the dangers of smoking. Three of the tobacco companies sought to dismiss the claim, arguing that the court did not have sufficient jurisdiction over them. The court rejected the tobacco companies’ argument and allowed the claim to proceed. The court found that there was enough evidence to show a real and substantial connection between Saskatchewan and the tobacco companies.