TOBACCO CONTROL LAWS

Cancer Patients Aid Association v. Karnataka Health and Family Welfare Dept., et. al.

The Cancer Patients Aid Association sued the State of Karnataka to enforce the ban on the sale of tobacco products within 100 yards from educational institutions.  This decision demands a report regarding whether any measures were taken to comply with the ban.  The court calls for paper circulars and display boards banning such sales.  Random inspections and reporting mechanisms are also discussed. 

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Cancer Patients Aid Association v. Karnataka Health and Family Welfare Dept., et. al., WP No. 17958, High Court of Karnataka at Bangalore (2010).

  • India
  • Apr 6, 2010
  • High Court of Karnataka at Bangalore

Parties

Plaintiff Cancer Patients Aid Association

Defendant

  • Bruhat Bangalore Mahanagara Palik
  • Commissioner of Police of Office of the Commissioner of Police
  • Karnataka Health and Family Welfare Dept.
  • State Anti-Tobacco Cell
  • State of Karnataka
  • State of Karnataka Dept. of Education

Legislation Cited

Related Documents

None

Type of Litigation

Action against Government to Advance the Public Interest
An individual or organization may sue their own government in order to advance or protect the public interest. For example, an NGO may sue the government claiming the government’s weak tobacco control laws violated their constitutional right to health.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)
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

Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

None

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