The defendants were prosecuted for trying to sell tobacco products to a minor who had volunteered in a test purchase organized by the Health Board. The judge in the district court asked the High Court to advise as to whether entrapment would constitute a sufficient defense for defendants and, if so, whether the facts of the case raised this defense. The High Court concluded that the Health Board had the authority to organize such tests and that the tobacco control legislation had the objective of protecting children.
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.
Measures restricting tobacco sales to or by minors, as well as other retail restrictions relating to point-of-sale, candy and toys resembling tobacco products, vending machines, or free distribution.
(See FCTC Art. 16)
The defendants were prosecuted for trying to sell tobacco products to a minor who had volunteered in a test purchase organized by the Health Board. The judge in the district court asked the High Court to advise as to whether entrapment would constitute a sufficient defense for defendants and, if so, whether the facts of the case raised this defense. The High Court concluded that the Health Board had the authority to organize such tests and that the tobacco control legislation had the objective of protecting children.