The Sri Lanka Ministry of Health adopted regulations requiring tobacco products to contain graphic pictorial health warnings on 80% of the pack. The Ceylon Tobacco Company sued, claiming that the regulations exceed the authority of the Ministry and also violate the company’s intellectual property rights. In this decision the Court of Appeal found that the national tobacco law does provide the Ministry with authority to require pictorial health warnings, not just textual warnings. However, the court reduced the size of the warnings to between 50% to 60% of the cigarette pack in order to give tobacco companies more space in which to display their trademark. The court said that it was balancing the need to protect the health of citizens against the rights of a business to use its trademarks to help identify and sell its products. The court ordered the Ministry to issue new regulations allocating between 50% to 60% of the package for pictorial health warnings.
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.
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging.
(See FCTC Art. 11)
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.
Regulations may infringe on intellectual property rights, which may be protected by international treaties. The industry may argue that bans on "deceptive" packaging that eliminate the use of colors, numbers or trademarks threaten intellectual property rights.
The WHO FCTC Guidelines are not mandatory for Parties and merely suggest policies, or a discussion on the effect of the Guidelines on national legislation.
The Sri Lanka Ministry of Health adopted regulations requiring tobacco products to contain graphic pictorial health warnings on 80% of the pack. The Ceylon Tobacco Company sued, claiming that the regulations exceed the authority of the Ministry and also violate the company’s intellectual property rights. In this decision the Court of Appeal found that the national tobacco law does provide the Ministry with authority to require pictorial health warnings, not just textual warnings. However, the court reduced the size of the warnings to between 50% to 60% of the cigarette pack in order to give tobacco companies more space in which to display their trademark. The court said that it was balancing the need to protect the health of citizens against the rights of a business to use its trademarks to help identify and sell its products. The court ordered the Ministry to issue new regulations allocating between 50% to 60% of the package for pictorial health warnings.