43 judgments found.

Poland v. Council of the European Union

Country: Poland
Year: 2016
Court: European Court of Justice
Citation: C-358/14
Health Topics: Health systems and financing, Tobacco
Facts:

Pursuant to Article 7 and Article 9 of the World Health Organisation Framework Convention on Tobacco Control, the European Union passed Directive 2014/40 to regulate tobacco products. The Directive required cigarette packs to include graphic images of diseased human organs and banned menthol cigarettes. It also regulated electronic or “e-cigarettes” by limiting the amount of nicotine they could …Read more

Tags: Health regulation, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English

B v. Waitemata District Health Board

Country: New Zealand
Year: 2013
Court: High Court
Citation: [2013] NZHC 1702
Health Topics: Health systems and financing, Hospitals, Mental health, Tobacco
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to privacy
Facts:

In this case applicants argued that the no-smoking policy of the Waitemata District Health Board (WDHB)and the consequent prohibition of smoking in hospitals and surrounding grounds violated their right not to be subjected to torture or cruel treatment, the right to be treated with humanity, the right to respect private life, and the right to …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Health regulation, Mental disorder, Passive smoking, Psychiatry, Second-hand smoke, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English

British American Tobacco South Africa v. Minister of Health

Country: South Africa
Year: 2012
Court: Supreme Court of Appeal
Citation: (463/2011) [2012] ZASCA 107 (20 June 2012)
Health Topics: Tobacco
Human Rights: Freedom of expression, Right of access to information, Right to a clean environment, Right to health
Facts:

Section 3(1)(a) of the Tobacco Products Control Act of 1993 (the “Act”) prohibited any person from “advertising” or “promoting” a tobacco product.  The appellant, a tobacco manufacturer, contended that this prohibition should not extend to its one-to-one communication with consenting adult consumers of tobacco products as it was an unconstitutional limit on both the appellant’s …Read more

Tags: Advertising, Smoking, Tobacco regulation
Download Judgment: English

Case 55/PUU-IX/2011

Country: Indonesia
Year: 2012
Court: Constitutional Court [Mahkamah Konstitusi]
Citation: Decision No. 55/PUU-IX/2011
Health Topics: Health information, Tobacco
Human Rights: Right of access to information
Facts:

The applicants, three individuals representing companies in the clove cigarette industry, alleged that the Government’s requirements for pictorial and written health warnings on cigarette packaging violated their rights under the 1945 Constitution (the “Constitution”). Article 114 of Law Number 36 of 2009 Concerning Health (the “Health Act”) classified nicotine as an addictive substance of tobacco, …Read more

Tags: Awareness, Disclosure, Employment, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English Indonesian

JT International SA v. Commonwealth

Country: Australia
Year: 2012
Court: High Court
Citation: [2012] HCA 43
Health Topics: Chronic and noncommunicable diseases, Health information, Tobacco
Human Rights: Right to property
Facts:

Australia’s Tobacco Plain Packaging Act 2011 (“TPP Act”) imposed restrictions on the color, shape and finish of retail packaging for tobacco products. It prohibited the use of trade marks on such packaging other than the use of a brand, business or company name for the relevant tobacco product. Preexisting regulatory requirements for health messages and …Read more

Tags: Advertising, Awareness, Health promotion, Heart disease, Lung disease, Noncommunicable diseases, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English

5000 Citizens v. Article 3 of Law Nº 28705

Country: Peru
Year: 2011
Court: Constitutional Court
Citation: 5000 Citizens v. Article 3 of Law Nº 28705, Tribunal Constitucional [Constitutional Court] July 19, 2011, EXP. N.º 00032-2010-PI/TC (Peru).
Health Topics: Tobacco
Human Rights: Right to health, Right to liberty and security of person
Facts:

5,000 Peruvian citizens presented an action before the Constitutional Court claiming the unconstitutionality of Article 3 of Law 28705, Law for the Prevention and Control of Tobacco Consumption Risks. This clause prohibits smoking in all health and educational establishments, public institutions, inside of work places, closed public places and any means of public transport, making …Read more

Tags: Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Spanish

Balderas Woolrich v. Mexico

Country: Mexico
Year: 2011
Court: Supreme Court
Citation: D. 587. XLIII
Health Topics: Controlled substances, Tobacco
Human Rights: Freedom from discrimination, Right of access to information, Right to health, Right to life
Facts:

The plaintiff, a Mexican national, presented an appeal for legal protection against Mexico, arguing that modifications of the General Health Law (Ley General de Salud), which controlled and regulated tobacco advertising, constituted a violation of the constitutional right to health, as enshrined in Article 4 of the Constitution and falling within the scope of Article …Read more

Tags: Contamination, Passive smoking, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: Spanish

Case 43/PUU-IX/2011

Country: Indonesia
Year: 2011
Court: Constitutional Court
Health Topics: Health information, Tobacco
Human Rights: Freedom from discrimination, Right to health, Right to social security
Facts:

The Plaintiffs challenged Indonesian legislative provisions regulating health warnings on cigarette packaging. The impugned provision, Article 114 of Law No. 36 of 2009 Concerning Health (the Law), required health warnings on all cigarette packaging. The Explanation Provision in the legislation defined such a health warning as one that was easily readable, and one that “may” …Read more

Tags: Advertising, Awareness, Disclosure, Health care professionals, Health education, Health promotion, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English Indonesian

Claudio Rodrigues Bernhardt v. Philip Morris

Country: Brazil
Year: 2011
Court: Oitava Câmara Civil do Tribunal de Justiça do Rio de Janeiro (8th Civil Chamber of the Court of Justice of Rio de Janeiro)
Citation: Claudio Rodrigues Bernhardt v. Philip Morris, No. 0000051-90.2002.8.19.0210, Oitava Câmara Civil do Tribunal de Justiça do Rio de Janeiro [8th Civil Chamber of the Court of Justice of Rio de Janeiro] (2011).
Health Topics: Controlled substances, Tobacco
Human Rights: Right to health, Right to life
Facts:

The plaintiff, Claudio Rodrigues, filed a lawsuit against the tobacco company, Souza Cruz, seeking damages for the death of his spouse, alleging that was caused by consumption of the tobacco products produced by Souza Cruz. The plaintiff argued that his spouse had been influenced into consuming the tobacco products by misleading advertisements that portrayed healthy …Read more

Tags: Compensation, Passive smoking, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Portuguese

Amparo Constitucional promovido por el Abog. Marcos Peroni Clifton bajo patrocinio del Aog. Guillermo Peroni, en representación de Philip Morris Paraguay S.A.

Country: Paraguay
Year: 2010
Court: Supreme Court of Paraguay (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 776 (2010)(Para.).
Health Topics: Controlled substances, Environmental health, Tobacco
Human Rights: Right to health
Facts:

Petitioner, the Paraguayan subsidiary of Philip Morris, filed a Writ of Amparo challenging the constitutionality of two administrative decrees (i.e., regulations emanated from the Executive Branch) that regulated and implemented Articles 8 and 11 of the WHO Framework Convention on Tobacco Control (FCTC), and thus provided for stronger warning/labeling requirements than those of the law …Read more

Tags: Advertising, Awareness, Health data, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Spanish
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