TOBACCO CONTROL LAWS

The Environmental Action Network Ltd. (TEAN) v. British American Tobacco Ltd.

The Environmental Action Network Ltd (TEAN) sued British American Tobacco Limited (BAT), claiming that BAT failed to warn consumers of the danger of its tobacco products, violating consumers' right to life. TEAN requested that the Court order BAT to provide sufficient information on health risks to consumers in advertisements and on packets. The Court held that the claim of failure to warn was too remote to establish a causation between tobacco products and harm to consumers' lives. Due to lack of expertise, the Court could not fully and sufficiently decide which kind of information should be included in labels and publications.

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British American Tobacco Limited v. The Environmental Action Network Ltd., Civil Appl. no. 27/2003, High Court of Uganda at Kampala (2003).

  • Uganda
  • Apr 16, 2003
  • High Court of Uganda at Kampala

Parties

Plaintiff The Environmental Action Network Ltd. (TEAN)

Defendant British American Tobacco Limited

Legislation Cited

Constitution of Uganda

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

Packaging and Labeling Measures
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)
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 Life
A violation of the right to not be killed by another person. Arguments may also be similar or tied to right to health arguments.
Consumer Protection Violation

Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.

Sufficiency of Scientific Evidence
A discussion on whether current scientific evidence is sufficient to justify the regulatory measures.

Type of Tobacco Product

None

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