TOBACCO CONTROL LAWS

Philip Morris Philippines Manufacturing Inc. v. Department of Health

This is a new resolution denying the government's motion for reconsideration, so the August 26, 2011 decision stands.  The Court of Appeals ruled there were no new arguments raised in the motion for reconsideration to warrant a reversal of its prior ruling.  This resolution repeats the appellate court's opinion that domestic law distinguishes promotions from advertising and sponsorship.  The resolution reiterates its holding that the FCTC is not self-executing and cannot provide a legal basis for a full ban on promotional, advertising and sponsorship activities absent domestic law implementing the treaty.

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Phillip Morris Philippines Manufacturing Inc. v. Department of Health, CA-G.R. SP No. 109493 (2012)

  • Philippines
  • Aug 3, 2012
  • Court of Appeals, Manila
View Case History

Parties

Plaintiff Philip Morris Philippines Manufacturing Inc.

Defendant

  • Bureau of Food and Drugs
  • Department of Health

Legislation Cited

Tobacco Regulation Act of 2003 - An Act Regulating the Packaging, Use, Sale, Distribution, and Advertisements of Tobacco Products and for Other Purposes, Republic Act No. 9211

Tobacco Regulation Act

International/Regional Instruments Cited

WHO Framework Convention on Tobacco Control (WHO FCTC)

Related Documents

None

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 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.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.
Excessive Delegation of Authority to the Executive
The legislative branch, through its tobacco control legislation, may have granted too much authority to the executive branch to implement measures administratively.
Ultra Vires Regulation
Subsequent regulations exceed the scope of the originating law.

Type of Tobacco Product

None

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