TOBACCO CONTROL LAWS

British American Tobacco v. Government of Panama

The Administrative Chamber of the Supreme Court of Justice upheld Executive Decree No. 230, which had been challenged by British American Tobacco (BAT) Panama. According to BAT Panama, the decree illegally expanded the scope of Law No. 13 in areas relating to: smoke-free environments; the ban on tobacco advertisement, promotion and sponsorship; and enforcement mechanisms. Based on the constitutional right to health and on the objectives of FCTC, the tribunal upheld Executive Decree No. 230.

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British American Tobacco Panamá S.A. v. Government of Panama, 618-08, Supreme Court, Contentious Administrative Chamber (2010).

  • Panama
  • Jun 3, 2010
  • Contentious Administrative Chamber of the Supreme Court

Parties

Plaintiff British American Tobacco Panamá S.A.

Defendant Government of Panama

Legislation Cited

Executive Order No. 230 of May 6, 2008

Law No. 13 of January 24, 2008 “Which Adopts Measures to Control Tobacco and its Harmful Effects on Health”

International/Regional Instruments Cited

WHO Framework Convention on Tobacco Control (WHO FCTC)

Related Documents

Decision in Spanish

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

Type of Tobacco Product

None

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