TOBACCO CONTROL LAWS

Zhu Xiaofei v. Beijing Administration for Industry & Commerce

Advertising laws in China prohibit advertisements for tobacco in radio, cinema pictures, television, newspaper, magazine or periodicals.  Zhu Xiaofei filed an application with the Beijing Administration for Industry and Commerce and its superior, the State Administration for Industry and Commerce, demanding that the agency enforce the prohibition against China Central Television (CCTV) for broadcasting an advertisement that Xiaofei believed was linked to a tobacco company.  Xiaofei argued that the advertisement used the name and slogan of a tobacco company, intending to promote the image of that company.  Both applications were denied on the basis that the advertisement did not contain any element of tobacco.  Xiaofei then filed suit.  The suit was dismissed based on lack of standing.

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Zhu Xiaofei v. Beijing Administration for Industry & Commerce, Haidian District People’s Court (2010)

  • China
  • Nov 5, 2010
  • Haidian District People’s Court

Parties

Plaintiff Zhu Xiaofei

Defendant Beijing Administration for Industry & Commerce

Legislation Cited

Related Documents

Initial Request to the Beijing Administration for Industry and Commerce Request to the the State Administration for Industry and Commerce Response from the State Administration for Industry and Commerce Complaint to Haidian District People’s Court Complaint to Beijing City Court Response from Beijing City Court Reply from the Beijing Administration for Industry and Commerce

Type of Litigation

Action against Government to Advance the Public Interest
An individual or organization may sue their own government in order to advance or protect the public interest. For example, an NGO may sue the government claiming the government’s weak tobacco control laws violated their constitutional right to health.

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

Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.
Industry-Perpetrated Fraud
The tobacco industry may have perpetrated a fraud upon the public or the courts by presenting false information or deliberately hiding known-facts.
Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.

Type of Tobacco Product

None

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