TOBACCO CONTROL LAWS

Hugo Gerardo Noboa Cruz v. Ecuador

A group of citizens challenged the validity of Decree No. 645 of January 2023, signed by Ecuador's President, that reduced the Special Consumption Tax (ICE) rates for conventional cigarettes (from $0,17 to $0,16 per unit), tobacco inserts for HTPs and e-liquid cartridges for electronic cigarettes (from 150% to 50%), firearms, luxury items, plastic bags, alcoholic and non-alcoholic beverages, and soft drinks. Judges of the second instance ordered the revocation of the Decree, upholding human rights, such as the right to health, and the principle of non-regression.

DOWNLOAD DOCUMENT

Hugo Gerardo Noboa Cruz et al. v. Ecuador, Protective Action 17U05202300018, Appellate Court of the Pichicha Province (2024)

  • Ecuador
  • Apr 24, 2024
  • Specialized Chamber for Family, Children, Adolescents and Juvenile Offenders of the Court of Justice of the Pichicha Province | Sala Especializada de la Familia, Niñez, Adolescencia y Adolescentes Infractores de la Corte Provincial de Justicia de Pichincha

Parties

Plaintiff

  • Hugo Gerardo Noboa Cruz
  • Hugo Miguel Malo Serrano
  • Daniel Felipe Dorado Torres
  • Olga Virginia Rosalía Gómez De La Torre
  • Jimena De Los Ángeles Gudiño Cisneros
  • Federico Fernando Sacoto Arízaga
  • Juana Maria Magdalena Freire Bucheli
  • Verónica Alejandra Chávez Maldonado

Defendant

  • Guillermo Lasso Mendoza, Constitutional President of the Republic of Ecuador
  • Attorney General of the State

Legislation Cited

Constitution of the Republic of Ecuador

Organic Law on Health

Organic Law for the Regulation and Control of Tobacco

International/Regional Instruments Cited

WHO Framework Convention on Tobacco Control (WHO FCTC)
American Convention on Human Rights (Pact of San José)
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador)

Related Documents

None

Type of Litigation

Action against Government to Advance the Public Interest
An individual or organization may sue their own government in order to advance or protect the public interest. For example, an NGO may sue the government claiming the government’s weak tobacco control laws violated their constitutional right to health.

Tobacco Control Topics

Price and Tax Measures
Tax or price measures, including tax- and duty-free regulation. (See FCTC Art. 6)

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.

Type of Tobacco Product

Cigars, cigarillos, bidis, and other similar products
Any combustible tobacco product that is designed to be smoked – other than cigarettes – including cigars, cigarillos, little cigars, blunts, and bidis or beedis (small, flavored filterless Indian cigarettes).
Heated tobacco products (HTPs)

Heated tobacco products (HTPs) are tobacco products that require the use of an electronic device to heat a tobacco insert (stick or pod of compressed tobacco). HTP systems are fully integrated so that the heating device and tobacco insert for each system must be used together.

E-cigarettes and other ENDS products
Electronic and/or battery-operated devices designed to deliver an inhaled dose of nicotine or other substances. Examples include electronic cigarettes (e-cigarettes), electronic cigars, electronic cigarillos, electronic hookah, vaporizers, and vape pens. ENDS does not include any device or medication approved by the government as nicotine replacement therapy.
1400 I Street N.W.,
Suite 1200,
Washington, DC 20005
United States of America

Phone: (202) 296-5469

Campaign for Tobacco-Free Kids is a BBB-accredited charity and a
Guidestar Exchange Gold Participant.

© 2024 Campaign for Tobacco-Free Kids | Trademarks | Copyright | Privacy

Site created and maintained by