26 judgments found.

Adam, et al. v. Ledesma-Cadhit, et al.

Country: Canada
Year: 2014
Court: Ontario Superior Court of Justice
Citation: 2014 ONSC 5726
Health Topics: Child and adolescent health, Health information, Hospitals, Infectious diseases, Medical malpractice, Medicines
Human Rights: Right of access to information, Right to bodily integrity
Facts:

This judgment deals with motions by the federal and provincial Crowns to strike out the plaintiffs’ claims on the ground that the claims disclosed no reasonable cause of action against the federal or provincial government. The plaintiffs’ 5-year-old daughter, died five days after she received the H1N1 influenza virus vaccine. The daughter was in good …Read more

Tags: Advertising, Awareness, Child mortality, Children, Drug safety, Duty of care, Health promotion, Immunization, Influenza, Minor, Negligence, Notification, Pediatric health, Tort, Vaccination, Vaccines
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

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

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

Dr. Chau Kwok on Gordon and Others v. The Medical Council of Hong Kong

Country: China
Year: 2011
Court: Court of Appeal
Citation: [2011] HKCA 44; CACV 63/2006
Health Topics: Health information
Human Rights: Freedom of expression
Facts:

A group of doctors appealed from a decision by a Medical Council of Hong Kong finding them guilty of  failing to ensure that a reference made to the doctors in a magazine article was not promotional, contrary to the Professional Code and Conduct for the Guidance of Registered Medical Practitioners (”Professional Code”). In 2003, a …Read more

Tags: Advertising, Awareness, Disclosure, Freedom of information, Health care professionals, Health education, Health promotion
Download Judgment: English

Premlata v. Government of NCT Delhi

Country: India
Year: 2011
Court: High Court of Delhi
Citation: W.P. (C) 7687/2010 & CM APPL 6265/2011
Health Topics: Diet and nutrition, Poverty
Human Rights: Freedom from discrimination, Right of access to information, Right to food, Right to life, Right to social security
Facts:

The issues presented in this case involved citizens living in poverty and the gaps in essential services provided by the government. The first issue was the availability of cash assistance to new mothers. The petitioners alleged that, per past orders of the Supreme Court, benefits should be made available to them under both the National …Read more

Tags: Advertising, Awareness, Budget, Food, Health expenditures, Health funding, Health spending, Hunger, Indigent, Low income, Poor, Starvation, Underprivileged
Download Judgment: English

Sorrell v. IMS Health

Country: United States
Year: 2011
Court: Supreme Court
Citation: 131 S.Ct. 2653 (2011)
Health Topics: Health information, Medicines
Human Rights: Freedom of expression, Right of access to information, Right to privacy
Facts:

Pharmacies, “as a matter of business routine and federal law, receive prescriber-identifying information when processing prescriptions.” This “[k]nowledge of a physician’s prescription practices—called prescriber-identifying information,’” enables marketers representing pharmaceutical drug manufacturers (Detailers) to better “ascertain which doctors are likely to be interested in a particular drug and how best to present a particular sales message.” …Read more

Tags: Advertising, Confidentiality, Disclosure, Freedom of information, Generic drugs, Health data, Health records, Medical records, Non-disclosure
Download Judgment: English

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

Tabacalera del Este S.A., et al. v. Poder Ejecutivo s/Amparo Constitucional

Country: Paraguay
Year: 2010
Court: Supreme Court of Paraguay (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).
Health Topics: Controlled substances, Environmental health, Tobacco
Human Rights: Freedom of expression, Right of access to information, Right to a clean environment, Right to health
Facts:

Petitioners were a consortium of tobacco companies that 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 (Protection from exposure to tobacco smoke) and 11 (Packaging and labelling of tobacco products) of the WHO Framework Convention on Tobacco Control …Read more

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

Miroslav Grcev and Stamen Filipov to the Constitutional Court

Country: Macedonia
Year: 2009
Court: Constitutional Court
Citation: 261/2008-0-0
Health Topics: Child and adolescent health, Environmental health, Health information, Tobacco
Human Rights: Freedom from discrimination, Freedom of expression, Freedom of movement and residence, Right to health, Right to life
Facts:

This case was heard together with case 70/2009-0-0. The Petitioners, Miroslav Grcev and Stamen Filipov, challenged the constitutionality of the Anti-Smoking Law (the Law). The Law banned smoking in public premises, advertising cigarettes, and selling cigarettes to persons under the age of 16. Public premises included institutions for education, health, state administration,  public transport, and …Read more

Tags: Advertising, Air pollution, Awareness, Children, Minor, Passive smoking, Pediatric health, Second-hand smoke, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English Macedonian
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