TOBACCO CONTROL LAWS

The Lion Brewery Ceylon Ltd., et al. v. Hon. Attorney General, et al.

The leading manufacturers/producers of tobacco and alcohol products sued the Attorney General and others challenging the constitutionality of the “National Authority on Tobacco and Alcohol” Bill.  The Bill advises the government on the implementation of the Tobacco and Alcohol Policy and recommends measures to minimize harm and eliminate the illicit trade arising from the consumption of tobacco and alcohol products. The Bill also creates new offences, particularly with regard to the sale of tobacco and alcohol products and the promotion of such sale by means of advertising and sponsorship of sports and cultural events.  The manufacturers argue that the production and sale of tobacco and alcohol, directly affected by the Bill, are lawful trades unlike the illicit trade in alcohol and drugs and that since the lawful trade is sought to be restricted in the manner set out in the Bill, it is discriminatory and denies them the freedom of expression and equal protection of the law as guaranteed by the Constitution. The Court found that specific provisions of the legislation were inconsistent with the Constitution but, taken as a whole, the legislation is valid.  The Court noted that it is the duty of the State to take such measures as envisaged in the Bill in the face of the proven risk to public health resulting from the use/consumption of tobacco and alcohol products.

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The Lion Brewery Ceylon Ltd., et al. v. Hon. Attorney General, et al., S.C. (S.D) Nos. 13-22/05, Supreme Court of the Democratic Socialist Republic of Sri Lanka (2006)

  • Sri Lanka
  • Jan 16, 2006
  • Supreme Court of the Democratic Socialist Republic of Sri Lanka

Parties

Plaintiff

  • Cargills (Ceylon) Ltd., Colombo 01
  • Ceylon Tobacco Co. Ltd., Colombo 15
  • Ceylon Tobacco Co. Ltd., Distributors’Association, Colombo 02
  • Distilleries Co. of Sri Lanka Ltd., Colombo 10
  • I.D. Lanka Ltd., Kotalawela, Kaduwela
  • Kudagoda Bopearachchige Priyantha Saman Kumara, New Saman Hotel & Bakery, Malabe
  • Orient Lanka Ltd., Colombo 01
  • R.A.S. Wijesekera, Wilegoda, Kalutara North
  • The Lion Brewery Ceylon Ltd., Colombo 01

Defendant

  • Hon. Attorney General
  • Ven. (Dr) Omalpe Sobhitha Thero

Third Party

  • Alcohol & Drug Information Centre, Colombo 05.
  • Green Movement of Sri Lanka Ltd, Colombo 10
  • I.O.G.T. Regional Council for South East Asia, Colombo 05
  • J.R.De Crusz, Dehiwela
  • Lawyers for Human Rights & Development, Colombo 08
  • Life Mathdravya Nivarana Vyaparaya, Kandy
  • Rev. Charles N. Jansz, President, Dutch Reformed Church in Sri Lanka
  • Rev. Kingsley Perera, Sri Lanka Baptist Sangamaya, Colombo 08
  • Rev. W.P. Ebenezer Joseph, President, Methodist Church of Sri Lanka,
  • Rt. Rev. Duleep de Chickera, Bishop of Colombo
  • Rt. Rev. Kumara Illangasinghe, Bishop of Kurunegala,
  • Sri Lanka Amadyapa Samitha Sammelanaya, Colombo 05
  • Sri Lanka Temperance Association, Colombo 11
  • Swarna Hansa Foundation, Battaramulla

Legislation Cited

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

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)
Illicit Trade
Measures relating to illicit trade, including smuggling, illicit manufacturing and counterfeiting. (See FCTC Art. 15)
Sales to or by Minors
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)

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 Equal Protection
A violation of the right to equal protection under the law, or another form of discrimination. The industry may claim that regulations discriminate against tobacco companies or tobacco products. Smokers may claim that addiction is a health condition, so regulations discriminate against them based on their health condition. Facilities subject to smoke free laws may claim that smoke free (SF) exceptions (e.g., hotel rooms, mental hospitals, etc.) unfairly discriminate against SF businesses because the law should apply to all locations equally.
Right to Freedom of Expression
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.
Encourage Illicit Trade
Regulatory measures may lead to an increase in illegal sales, such as counterfeit products. The industry may also argue that such illicit trade will reduce tobacco tax revenue.
Legal Product
Tobacco is a legal product and the tobacco industry is a legal industry.

Type of Tobacco Product

None

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