A class action lawsuit by buyers of light cigarettes against Imperial Tobacco Canada included the government of Canada as a third party. Imperial claimed that the Canadian government played a critical role in encouraging smokers to switch to light and mild cigarettes by developing and promoting strains of tobacco used in light and mild cigarettes and dictating the warnings printed on the cigarette packages. Imperial sought to recover from Canada reimbursement of any money that it may be found liable to pay to class members. In this decision, the court ruled that the government of Canada is immune from liability, in part because it was engaged in the making of policy through regulation of its health programs. The court found that the Crown is immune from liability to either the consumer or to Imperial Tobacco and struck the claim against it.
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.
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)
Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.
The legislative branch, through its tobacco control legislation, may have granted too much authority to the executive branch to implement measures administratively.
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.
A class action lawsuit by buyers of light cigarettes against Imperial Tobacco Canada included the government of Canada as a third party. Imperial claimed that the Canadian government played a critical role in encouraging smokers to switch to light and mild cigarettes by developing and promoting strains of tobacco used in light and mild cigarettes and dictating the warnings printed on the cigarette packages. Imperial sought to recover from Canada reimbursement of any money that it may be found liable to pay to class members. In this decision, the court ruled that the government of Canada is immune from liability, in part because it was engaged in the making of policy through regulation of its health programs. The court found that the Crown is immune from liability to either the consumer or to Imperial Tobacco and struck the claim against it.