TOBACCO CONTROL LAWS

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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British American Tobacco South Africa (PTY) Ltd. v. Minister of Health, 60230/2009, High Court of South Africa, North Gauteng, Pretoria (2011).

  • South Africa
  • May 19, 2011
  • High Court of South Africa, North Gauteng, Pretoria
View Case History

Parties

Plaintiff British American Tobacco South Africa (PTY) Ltd.

Defendant Minister of Health

Legislation Cited

Tobacco Products Control Act 83 of 1993 (as amended)

Tobacco Products Control Amendment Act 63 of 2008

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.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)
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.

Type of Tobacco Product

None

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