TOBACCO CONTROL LAWS

Ceylon Tobacco Company Ltd., et al. v. Hon. Nimal Siripala de Silva, et al.

Tobacco companies sued government officials, challenging a clause of the tobacco control law that would prohibit smoking in enclosed public places. The clause, based primarily on the Framework Convention on Tobacco Control (FCTC), was put into place after observations about the harmful effects of "passive smoking."  The Court stated that exposure to tobacco smoke, which would necessarily result from smoking in public places, is undoubtedly harmful to public health and a law could be validly enacted to prevent such exposure to tobacco smoke in enclosed public places.  Thus, the provision is constitutional.  

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Ceylon Tobacco Company Ltd., et al. v. Hon. Nimal Siripala de Silva, et al., S.C.(SD) App. Nos.1 to 6/2006, The Supreme Court of the Democratic Socialists Republic of Sri Lanka (2006)

  • Sri Lanka
  • Jun 20, 2006
  • The Supreme Court of the Democratic Socialists Republic of Sri Lanka

Parties

Plaintiff

  • All Ceylon Barn Owners Association
  • Blue Oceanic Beach Hotel Ltd., Colombo 2
  • Ceylon Tobacco Company Ltd, Colombo 15
  • J.E.P.Kehelpannala, Vice President Tourist Hotel's Association of Sri Lanka
  • Jagathpriy Hennayake, Malabe
  • K.B.P.Saman Kumara, Malabe
  • N.J.H.Mahinda Cooray, President Tourist Hotel's Association of Sri Lanka
  • Pearl Beach Hotel Ltd., Colombo 2
  • Tourist Hotel's Association of Sri Lanka
  • Trans Asia Hotels Ltd, Colombo 2

Defendant

  • Hon. Nimal Siripala de Silva
  • The Hon. Attorney General

Third Party

  • Alcohol and Drug Information Centre
  • Dr. Sirira Kodagoda - Sri Lanka Amadyapa Samithi Sammelanaya
  • H.C.H.D. Liyanagama
  • H.S. Dhamika de Saram
  • Jayavim Perera
  • K.K. Kumari - Lawyers for Human Rights and Development
  • Lion Brewery of Ceylon Ltd
  • M.R. Rizvi and Mohamed Faiz
  • Rev. Kingsley Perera
  • Rev. W.P. Ebenezer Joseph
  • Rt. Rev. Duleep de Chickera
  • Swarna Hansa Foundation
  • Ven Dr. Omalpe Sobitha Thero

Legislation Cited

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)
Sales to or by Minors
Measures restricting tobacco sales to or by minors, as well as other retail restrictions relating to point-of-sale, candy and toys resembling tobacco products, vending machines, or free distribution. (See FCTC Art. 16)

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 a Healthy and Safe Environment
A violation of the right to live in a safe and healthy environment.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

None

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