TOBACCO CONTROL LAWS

The Institute of Public Health v. The State Government of Karnataka, et al.

The Institute of Public Health sought an order enjoining the Indian Tobacco Board from sponsoring an international tobacco promotion event, alleging that the sponsorship violated the Cigarettes and Other Tobacco Products Act (COTPA) and was inconsistent with the Framework Convention on Tobacco Control (FCTC) provision banning tobacco advertisement, promotion and sponsorship. In this interim order, the Court ordered the Tobacco Board to refrain from sponsoring the event and prohibited it from sponsoring or promoting similar events in the future.

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The Institute of Public Health v. The State Government of Karnataka, et al., W.P. No. 27692/2010, High Court of Karnataka at Bangalore (2010).

  • India
  • Sep 17, 2010
  • High Court of Karnataka at Bangalore
View Case History

Parties

Plaintiff The Institute of Public Health

Defendant

  • The ITC Royal Gardenia
  • The State Government of Karnataka
  • Tobacco Board
  • Union of India, Ministry of Commerce
  • Union of India, Ministry of Health and Family Welfare

Legislation Cited

International/Regional Instruments Cited

WHO Framework Convention on Tobacco Control (WHO FCTC)

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

Industry Interference
Measures to protect health policies from the commercial or other vested interests of the tobacco industry. (See FCTC Art. 5.3)
Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.
Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.

Type of Tobacco Product

None

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