TOBACCO CONTROL LAWS

Philip Morris Norway v. The Ministry of Health and Care Services

Philip Morris Norway challenged Norway's ban on the display of tobacco products at retail establishments.  A European court, ruling on European law, determined that the domestic Norwegian court must decide whether "the measure is necessary to achieve the stated goal, and that goal cannot be reached using less extensive prohibitions or restrictions or prohibitions or restrictions that affect trade within [Europe] less."  The Norway court determined that the display ban is necessary and that no alternative, less intrusive measure could produce a similar result.  The court upheld the ban and ordered Philip Morris to pay legal fees.  

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Philip Morris Norway v. The Ministry of Health and Care Services, Civil Action No. 10-041388TVI-OTIR/02, Oslo District Court (2012).

  • Norway
  • Sep 14, 2012
  • Oslo District Court
View Case History

Parties

Plaintiff Philip Morris Norway AS

Defendant Staten v/Helse Og omsorgsdepartementet (Ministry of Health and Care Services)

Third Party

  • The Norwegian Cancer Society

Legislation Cited

Act No. 14 of 9 March 1973 relating to the Prevention of the Harmful Effects of Tobacco (Tobacco Control Act) (as amended)

International/Regional Instruments Cited

WHO Framework Convention on Tobacco Control (WHO FCTC)
Directive 2003/33/EC
WHO FCTC Article 13 Guidelines

Related Documents

JUDGMENT OSLO DISTRICT COURT - 14 SEPT 2012 - NORWEGIAN TOBACCO DISPLAY BAN - Norwegian

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

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 Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Trade Violation
A claim of an infringement of any international trade agreement, including General Agreement on Tariffs and Trade (GATT), Technical Barriers to Trade (TBT), Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), or bilateral treaties.
Non-Mandatory WHO FCTC Guidelines
The WHO FCTC Guidelines are not mandatory for Parties and merely suggest policies, or a discussion on the effect of the Guidelines on national legislation.
Undue Burden
A discussion on whether the regulations impose an undue burden on the tobacco industry. This argument may involve the costs of implementing regulatory measures.

Type of Tobacco Product

None

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