TOBACCO CONTROL LAWS

Ministero delle Finanze, et al. v. Philip Morris Belgium SA, et al.

Tobacco companies claimed that Italy's legislation requiring 1) two specific warnings for display on cigarette packs and 2) the health warning for unit packets of tobacco products other than cigarette packets to cover at least 4% of the surface on which it is printed, violated EU directives. The Court held that, under the respective directives, Member States were not authorized to require more than one warning, but could require that non-cigarette tobacco products contain a health warning covering at least 4% of the surface.

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Ministero delle Finanze, et al. v. Philip Morris Belgium SA, et al., Case C-222, European Court of Justice (Fifth Chamber) (1993).

  • Italy
  • Jun 22, 1993
  • European Court of Justice (Fifth Chamber)

Parties

Plaintiff

  • Ministero della Sanita
  • Ministero delle Finanze

Defendant

  • Arizona Tobacco Products GmbH & Co. Export KG
  • BAT (Deutschland) Export GmbH & Co.
  • H.F. and Ph. F. Reemtsma GmbH & Co.
  • Les Fabriques de Tabac Reunies SA
  • Philip Morris Belgium SA
  • Philip Morris Holland BV
  • Philip Morris Products Inc.
  • R.J. Reynolds Tobacco GmbH
  • Turmac Company BV

Legislation Cited

International/Regional Instruments Cited

Council Directive 89/622/EEC
Council Directive 92/41/EEC

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.
Trade Panel/Investment Tribunal/Arbitration
Governments may bring complaints before intergovernmental bodies on tobacco-related issues. For example, one country may complain that another country’s tax regime discriminates against its exported tobacco products. In some cases, a treaty may allow a private party to file a complaint against a government before an intergovernmental body.

Tobacco Control Topics

Packaging and Labeling Measures
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)

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.
Trade Violation
A claim of an infringement of any international trade agreement, including General Agreement on Tariffs and Trade (GATT), Technical Barriers to Trade (TBT), Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), or bilateral treaties.
Ultra Vires Regulation
Subsequent regulations exceed the scope of the originating law.

Type of Tobacco Product

None

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