TOBACCO CONTROL LAWS

Cigarette Distributors Division v. Ministry of Health

Owners of automatic cigarette vending machines challenged a law prohibiting the sale of cigarettes through such machines. The Supreme Court held that the infringement of the seller’s property rights and the right to freedom of occupation is justified as the law is rationally connected to the important public interest in limiting the access of minors to tobacco products, minimizing the risk of smoking, and restricting the advertisement of tobacco products.

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Cigarettes Distributors Division v. Ministry of Health, HCJ 5975/12, Israel Supreme Court (2013)

  • Israel
  • Jul 3, 2013
  • Israel Supreme Court, Sitting as High Court of Justice

Parties

Plaintiff The Tel Aviv Chamber of Commerce, Division of Cigarette Distributors in Automatic Machines

Defendant

  • Israeli Knesset
  • Ministry of Health

Legislation Cited

Prohibition of Advertising and Restriction of Marketing of Tobacco and Smoking Products Law, 1983 (as amended)

Restriction on Advertising and Marketing of Tobacco Products Law, 1983

International/Regional Instruments Cited

WHO Framework Convention on Tobacco Control (WHO FCTC)

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)
Sales to or by Minors
Measures restricting tobacco sales to or by minors, as well as other retail restrictions relating to point-of-sale, candy and toys resembling tobacco products, vending machines, or free distribution. (See FCTC Art. 16)

Substantive Issues

Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Right to Property
A violation of property rights, sometimes in the form of an expropriation or a taking by the government. The tobacco industry may argue that regulations amount to a taking of property rights because they prevent the use of intellectual property such as trademarks.

Type of Tobacco Product

None

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