TOBACCO CONTROL LAWS

Non-Smokers' Rights Association v. Taieb & Prestige Communication

Defendants’ "Club Cigare" magazine featured numerous depictions of cigars and other tobacco products as well as celebrities endorsing cigars. The Non-Smokers' Rights Association (DNF) filed suit claiming that the magazine violated France's tobacco advertising laws. The lower court found no violations, and DNF appealed. The Court of Appeals - Paris reversed the lower court's decision, imposing financial penalties on the magazine for violating the law.

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Non-Smokers' Rights Association v. Laurent Taieb, et al., No. 08/03384, Court of Appeals - Paris (2008).

  • France
  • Nov 14, 2008
  • Court of Appeals - Paris
View Case History

Parties

Plaintiff Non-Smokers' Rights Association

Defendant

  • Laurent Taieb
  • Prestige Communication Sarl

Legislation Cited

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

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.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

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).
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