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)



  • 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

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