TOBACCO CONTROL LAWS

Tobacco Control Coalition Inc v. Philip Morris (Australia) Ltd & Ors

This was a proceeding commenced by a tobacco control group against a number of the tobacco manufacturers alleging misleading or deceptive in contravention of the Trade Practices Act 1974 and the various state Fair Trading Acts. In particular, the Tobacco Control Coalition Inc (TCCI) alleged that each of the companies knew that nicotine was addictive and that smoking caused disease and, despite that knowledge, promoted the sale of cigarettes, represented that certain brands were less hazardous than others, and lobbied governments against tobacco control measures (amongst other things).

In a previous decision, the Court had ordered that the TCCI pay security for costs (see: Tobacco Control Coalition Inc v. Philip Morris (Australia) Ltd & Ors [2000] FCA 1004 (27 July 2000). In this case, the Court considered an application by TCCI for an extension of time to pay the security for costs.

Wilcox J granted TCCI's application for an extension of time for a further 3 months to 15 December 2000, noting (among other things), that the litigation was brought in the public interest and raised issues of public importance.

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Tobacco Control Coalition Inc v. Philip Morris (Australia) Ltd & Ors

  • Australia
  • Sep 14, 2000
  • Federal Court of Australia

Parties

Plaintiff Tobacco Control Coalition Inc

Defendant

  • Philip Morris (Australia) Limited
  • Philip Morris Ltd
  • Rothmans Holdings Ltd
  • Rothmans of Pall Mall (Australia) Limited
  • WD & HO Wills (Australia) Ltd
  • WD & HO Wills Holdings Ltd

Legislation Cited

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.

Tobacco Control Topics

Liability
Measures dealing with criminal and civil liability, including compensation. (See FCTC Art. 19)

Substantive Issues

Consumer Protection Violation

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.

Procedural Defect
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.

Type of Tobacco Product

None

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