British American Tobacco Panama v. Executive Decree No. 611

Decree No. 611 establishes that Panama's ban on the advertising, promotion and sponsorship of tobacco products includes a ban on tobacco product display at the point of sale. BAT Panama filed an unconstitutionality claim requesting an order from the court declaring the Decree void. BAT Panama argued that the Decree violated the rights to freedom of expression and private property, among other rights. The Supreme Court upheld the Decree, noting, among other things, that even freedom of expression could be restricted if needed to protect public health.

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Rodriguez Robles & Espinosa on behalf of British American Tobacco Panama, S.A. v. The Ministry of Health, Docket No. 192 -­11, Supreme Court of Justice (2014).

  • Panama
  • May 28, 2014
  • Supreme Court of Justice

Parties

Plaintiff Rodriguez Robles & Espinosa on behalf of British American Tobacco Panama, S.A

Defendant AN ARTICLE IN EXECUTIVE DECREE NO. 611 OF JUNE 3, 2010 OF THE MINISTRY OF HEALTH

Third Party

  • Aleman, Cordero, Galindo & Lee, on behalf of Philip Morris Panama
  • Chinese Panamanian Association
  • Enrique Fernández
  • Jorge Flores

Legislation Cited

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None