TOBACCO CONTROL LAWS

National Committee for Tobacco Control v. Japan Tobacco International

The National Committee for Tobacco Control (CNCT) sued Japan Tobacco International (JTI) and others alleging violations of France's tobacco advertising ban.  CNCT maintained that French legislation required the removal of labels such as "light, medium and super" from tobacco product packaging and that JTI circumvented these requirements by labeling the packs by color and stating “New name, same quality,” along with other promotional messages.  The trial court found JTI and the other defendants liable for illegal tobacco advertising as defendants had violated the new regulation prohibiting the use of misleading terms.  The court of appeals affirmed the lower court’s decision.

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National Committee for Tobacco Control v. Japan Tobacco International, RG 06/02713, Court of Appeals - Versailles (2008).

  • France
  • Jan 16, 2008
  • Court of Appeals - Versailles

Parties

Plaintiff National Committee for Tobacco Control

Defendant

  • Japan Tobacco International
  • Siegfried Pudritz
  • Wilfried Broy

Legislation Cited

475-1 Code of Criminal Procedure

567-1-1 Code of Criminal Procedure

707-3 Code of Criminal Procedure

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 Freedom of Expression
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.
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.

Type of Tobacco Product

None

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