TOBACCO CONTROL LAWS

Eryau v. The Environmental Action Network Ltd. (TEAN)

A smoker seeks to be heard in a separate court case brought by TEAN, a civil society organization, against the Attorney General of Uganda and the National Environmental Management Authority to create and enforce a ban on smoking in public places.  The applicant claims to be a former tobacco industry employee who smokes and was concerned about the respondent's request for enforcement of criminal penalties for smoking in public places.  The court said the criminal aspects of the respondent’s case were dismissed so that could no longer be a ground for the current application.  The court also took judicial notice of the fact that smoking and especially second-hand smoke is dangerous to public health.  The court dismissed the applicant as an “obstructionist” and refused his application to be heard in the respondent’s case seeking a ban on smoking in public places.

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Eryau v. The Environmental Action Network Civil Application No. 39 of 2001, High Court at Kampala

  • Uganda
  • Jun 19, 2002
  • High Court of Uganda at Kampala
View Case History

Parties

Plaintiff Joseph Eryau

Defendant The Environmental Action Network

Legislation Cited

Related Documents

None

Type of Litigation

Industry Action against Individual
The tobacco industry may attack an individual or organization in court. For example, a tobacco company may sue a tobacco control advocacy organization for defamation. Another example is a suit in which a tobacco company sought burdensome document production from a University under a freedom of information claim.

Tobacco Control Topics

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

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 Life
A violation of the right to not be killed by another person. Arguments may also be similar or tied to right to health arguments.
Right to a Healthy and Safe Environment
A violation of the right to live in a safe and healthy environment.
"Right to Smoke"
The tobacco companies and some individual plaintiffs argue that there is a right to smoke.
Undue Burden
A discussion on whether the regulations impose an undue burden on the tobacco industry. This argument may involve the costs of implementing regulatory measures.

Type of Tobacco Product

None

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