TOBACCO CONTROL LAWS

Okumu v. British American Tobacco & Mastermind Tobacco Ltd.

Thomas Okumu sued British American Tobacco (BAT) and Mastermind Tobacco Ltd, claiming that the defective nature of their cigarettes caused him to develop lung cancer.

This order discusses procedural matters related to the case as well as whether the case is a representative action or a public interest suit.  (Okumu contended that the case is a public interest suit.)  The Court ruled that (1) the case is a representative action because, among other reasons, it was filed as a class action, but that (2) the suit is barred by law.  Accordingly, the Court did not reach other procedural issues.

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Okumu v. BAT & Mastermind Tobacco Ltd., NO. 0678, HIGH COURT OF UGANDA AT KAMPALA (2000).

  • Uganda
  • Nov 24, 2000
  • HIGH COURT OF UGANDA AT KAMPALA

Parties

Plaintiff Thomas Okumu

Defendant

  • British American Tobacco
  • Mastermind Tobacco Ltd.

Legislation Cited

National Drug Policy and Authority Statute

Related Documents

None

Type of Litigation

Personal Injury
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.

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

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.

Industry-Perpetrated Fraud
The tobacco industry may have perpetrated a fraud upon the public or the courts by presenting false information or deliberately hiding known-facts.
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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