Limitations regarding the use of quotes
The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
Several tobacco companies filed an appeal for legal protection, challenging the constitutionality of a resolution that established stricter and more compelling warning requirements for cigarette packs and labels than those required in the originating law. The petitioners argued that the administrative decree exceeded the scope of the law and was therefore unconstitutional. In its response, the State argued that the decree had been issued in accordance with its obligations to apply stricter labeling standards pursuant the FCTC. The Court found that the Ministry of Health had acted outside the scope of its mandate, holding the resolution unconstitutional. According to the court, the FCTC, though binding to Paraguay, contained only “programmatic” clauses and not “self-enforcing” provisions. Therefore, the FCTC could only be enacted by a regulating law passed by Congress or a Presidential regulating decree, not by a resolution from the Ministry of Health.