TOBACCO CONTROL LAWS

Germany - Outdoor Advertising Case

A Regional Court ruled that a gas station violated Germany's Tobacco Products Act by displaying tobacco and e-cigarette advertisements visible from outside the sales area, constituting a form of prohibited outdoor advertising. The court rejected the gas station's operator's claim to qualify as a specialized tobacco retailer and ordered the cessation of such advertisements. Further, the court imposed a potential fine of up to 250,000 Euros per violation or imprisonment of up to six months for non-compliance.  

 

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X [Consumer Protection Association] v. X [Gas Station], Stuttgart Higher Regional Court 2nd Civil Senate (2024),

  • Germany
  • Aug 1, 2024
  • Stuttgart Higher Regional Court 2nd Civil Senate

Parties

Plaintiff X [A consumer protection association]

Defendant X [A gas station]

Legislation Cited

Tobacco and Related Products Act of April 4, 2016 (as amended)

Related Documents

Decision in German

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 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.
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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