TOBACCO CONTROL LAWS

Tobacco Company A, et al. v. Federal Republic of Germany

Five tobacco companies challenged a tobacco control law that required the companies to print health warnings on tobacco products.  In particular, the cigarette companies claimed that the health warning requirements violated their right to expression by requiring them to publish warnings that they considered misleading, as well as their rights to profession and property. The Second Senate held that the challenge was unfounded, finding that the regulation did not breach the companies' rights to expression because it was sufficiently clear that the health warnings were those of the Federal Government of Germany and not the opinion of the cigarette manufacturers. The Second Senate also found that the challenged law did not violate the companies' rights to profession and property.

Tobacco Company A, et al. v. Federal Republic of Germany, BVerfGE 95, 173, Bundesverfassungsgericht [Federal Constitutional Court of Germany] (1997).

  • Germany
  • Jan 22, 1997
  • Federal Constitutional Court of Germany (Bundesverfassungsgericht)
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Parties

Plaintiff

  • Tobacco Company A
  • Tobacco Company H
  • Tobacco Company N
  • Tobacco Company R

Defendant Federal Republic of Germany

Legislation Cited

Regulation on the labeling of tobacco products and maximum levels of tar in cigarette smoke (TabKTHmV) of 29 October 1991 (Verordnung über die Kennzeichnung von Tabakerzeugnissen und über Höchstmengen von Teer im Zigarettenrauch (TabKTHmV) vom 29. Oktober 1991), Section 3, Para 1, Nos. 1 and 2

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

Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)
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 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.
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.
Right to Work
A violation of the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment.
Intellectual Property Violation
Regulations may infringe on intellectual property rights, which may be protected by international treaties. The industry may argue that bans on "deceptive" packaging that eliminate the use of colors, numbers or trademarks threaten intellectual property rights.
Sufficiency of Scientific Evidence
A discussion on whether current scientific evidence is sufficient to justify the regulatory measures.

Type of Tobacco Product

None

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