TOBACCO CONTROL LAWS

National Committee for Tobacco Control v. Japan Tobacco International

The National Committee for Tobacco Control (CNCT) sued Japan Tobacco International and three executives of the R.J. Reynolds Tobacco Company, alleging that the tobacco companies failed to place health messages on cigarette packs and violated the ban on tobacco advertising. The trial court found the companies liable on both issues, declaring that the cigarette packages featuring various “Joe Camel” messages were a form of illegal tobacco advertising.  The court noted such advertisements were intended to entertain buyers – especially young people - who saw the packs.  Observing that the packaging was a form of advertising, the Court of Cassation upheld the substance of the lower court's decision but overturned a few issues due to procedural defects.

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National Committee for Tobacco Control v. Japan Tobacco International, et al., No. 04-87155, Court of Cassation (2007).

  • France
  • Feb 13, 2007
  • Court of Cassation

Parties

Plaintiff National Committee for Tobacco Control

Defendant

  • C. Henrik
  • Hans Y.
  • Japan Tobacco International
  • Povl Van Z.
  • Wilfried B.

Legislation Cited

Amnesty Law of August 6, 2002

International/Regional Instruments Cited

Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights)

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
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.

Tobacco Control Topics

Packaging and Labeling Measures
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)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Right to Procedural Due Process
A violation of the right to procedural fairness. For example, a party may claim that a government agency did not consult with public or stakeholders when issuing regulations.
Consumer Protection Violation

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.

Criminal Violation
A claim of an infringement of any criminal law.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.
Procedural Defect
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.

Type of Tobacco Product

None

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