TOBACCO CONTROL LAWS

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
View Case History

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

Executive Decree No. 611 of June 3, 2010

Law No. 69 of November 6, 2009 "To Prohibit the Comparison in Contracts and Other Forms of Law in Which the State is a Party, Reforms to Some Provisions of Public Contracts and Introducing Other Provisions"

International/Regional Instruments Cited

American Convention on Human Rights (Pact of San José)
WHO Framework Convention on Tobacco Control (WHO FCTC)
International Covenant on Civil and Political Rights (ICCPR)
WHO FCTC Article 13 Guidelines

Related Documents

Original Spanish Language Decision

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.

Tobacco Control Topics

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.
Right to Freedom of Expression
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.
Right to Access to Information
A violation of the public’s right to information. The tobacco industry may claim that advertising, promotion or sponsorship, or packaging regulations limit the industry’s ability to communicate information to their customers and therefore infringes on the customer’s right to receive information, and to distinguish one product from another. Alternatively, public health advocates may claim that tobacco industry misinformation violates their right to accurate information or that government must be transparent in its dealings with the tobacco industry.
Right to Property
A violation of property rights, sometimes in the form of an expropriation or a taking by the government. The tobacco industry may argue that regulations amount to a taking of property rights because they prevent the use of intellectual property such as trademarks.
Consumer Protection Violation

Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.

Ultra Vires Regulation
Subsequent regulations exceed the scope of the originating law.

Type of Tobacco Product

None

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