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Home \Litigation \Litigation by Country \South Africa \  British American Tobacco South Africa (PYT) LTD v. Minister of Health

British American Tobacco South Africa (PYT) LTD v. Minister of Health

The applicant, a tobacco company manufacturer, argued that the tobacco control law's provision prohibiting the advertisement or promotion of tobacco products through any direct or indirect means did not apply to one-to-one communications with consenting adult tobacco users or, in the alternative, is unconstitutional. Emphasizing that one of the purposes of the law is to encourage existing smokers to stop smoking, the High Court held that the law must be interpreted as prohibiting one-to-one communication. The Court also upheld the constitutionality of the law, reasoning that limiting the right to freedom to receive or import information to consenting adult tobacco consumers is reasonable and justifiable.

 
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