Pending Litigation Brought by Multinational Tobacco Companies Against Governments
The International Legal Consortium at the Campaign for Tobacco-Free Kids maintains a list of tobacco-related litigation currently before courts and tribunals around the world. This list contains claims challenging tobacco control measures that have been brought by the largest multinational tobacco firms through either the parent company or direct affiliate (unless otherwise noted). While we have attempted to include all legal challenges brought by multinational tobacco firms against governments, we cannot guarantee that this list is exhaustive.
13 decisions
Bangladesh
Belgium
- British American Tobacco Belgium
British American Tobacco Belgium is requesting the annulment of the Royal Order of March 14, 2023, which will prohibit the sale of nicotine pouches beginning October 1, 2023.
The company indicated its challenge before the Council of State in a May 2023 press release.
Brazil
- Sinditabaco (members include BAT, JTI, and PMI)
Numerous tobacco companies and tobacco industry representatives, including Brazilian tobacco lobbying group Sinditabaco, which counts BAT, JTI, and PMI as members, have challenged ANVISA Resolution No. 14 of March 15, 2012, which prohibits the use of certain additives in tobacco products. (ANVISA is the Brazilian sanitary agency.)
Constitutional and legal challenges have been filed before the Supreme Court and several different federal tribunals and are at different stages in the judicial process. The Supreme Court ruled in favor of ANVISA´s resolution in February 2018, but due to a matter of quorum, the constitutionality of the resolution could be challenged in the ordinary instances. This was confirmed in a new decision by the Court in 2022. Subsequently, all three decisions issued so far in the Court of Appeal in federal tribunals have been in favor of the resolution's constitutionality.
Brazil
- Souza Cruz Ltda. (BAT)
The tobacco industry challenged the constitutionality and legality of the requirement of including a 30% text health warning in the front face of the packs.
Submitted in May 2017. Pending before 7.ª Vara Federal do Distrito Federal. ACT submitted an amicus brief in September 2017 and was admitted in June 2021.
Colombia
- Coltabaco (PMI)
The tobacco industry is seeking to invalidate a local ordinance that banned the sale of tobacco products near educational and public health institutions in Popayan.
Pending. However, the local ordinance is not currently being enforced because of another claim submitted by an individual citizen that has represented the tobacco industry in other cases but is acting on his own behalf in this case.
Denmark
- British American Tobacco
- House of Prince
- Nicoventures
British American Tobacco (BAT) and its subsidiary companies Nicoventures and House of Prince sued the Danish government over legislation which came into effect in 2021 covering electronic cigarettes (e-cigarettes), heated tobacco products and nicotine pouches. The law includes higher age limits; flavor restrictions; marketing bans for e-cigarettes and nicotine pouches; and a point of sale display ban. BAT and its subsidiary companies claim these health-promoting measures are illegal.
The case was filed in December 2021.
European Union
- Nicoventures Trading Ltd. (BAT subsidiary)
- British American Tobacco (Germany) GmbH
- British American Tobacco Italia SpA (BAT Italia)
- British American Tobacco Polska Trading
- British American Tobacco España
- P.J. Carroll & Company Ltd. (BAT subsidiary)
Appellants are appealing the ruling by the Court of Justice of the European Union dated September 20, 2023. The court dismissed for lack of standing the appellants' initial application to annul Commission Delegated Directive (EU) 2022/2100, which amended Directive 2014/40/EU (Tobacco Products Directive) to ban characterizing flavors in heated tobacco products (HTPs) and impose labeling requirements such as health warnings.
Appellants brought their appeal on November 29, 2023. France was granted permission to intervene in support of the European Commission on April 25, 2024.
India
- ITC, Ltd (BAT 30% shareholder)
- Godfrey Phillips (joint venture with PMI)
The tobacco industry challenged the validity of the 2014 rules that require 85% graphic health warnings on both sides of tobacco product packaging.
Lower court ruled in favor of the tobacco industry. Government and health groups appealed to the Supreme Court of India. Petition submitted in January 2018. Supreme Court stayed operation of lower court decision. Matter to be decided soon on the merits.
Ireland
- P.J. Carroll and Co. (BAT subsidiary)
- Nicoventures Trading (BAT subsidiary)
- Philip Morris Ltd
- Philip Morris Products SA (Switzerland)
- Philip Morris Manufacturing and Technology Bologna
Two BAT subsidiaries and three companies in the Philip Morris Group are challenging the ban on characterizing flavors in heated tobacco products. EU Member States have until July 23, 2023 to transpose the amended provisions of the EU Tobacco Products Directive (TPD) into national legislation. Plaintiffs allege that the European Commission unlawfully extended the TPD to cover heated tobacco products and did so without proper reasoning.
P.J. Carroll and Co. and Nicoventures were granted permission by the High Court in January 2023 to file a challenge. Philip Morris Ltd, Philip Morris Products SA, and Philip Morris Manufacturing and Technology received permission to join the challenge in March 2023.
Italy
- Japan Tobacco International
Japan Tobacco International (JTI) is challenging a decision by the Customs and Monopolies Agency (ADM) banning the sale of two cigarette brands for containing more menthol than legally allowed. Under Italian law, cigarettes with a characterizing flavor, including menthol, are prohibited.
ADM issued its decision banning Camel Activate and Winston Expression in March 2022. JTI appealed the decision, and the Tribunale Amministrativo Regionale overturned the ADM decision in September 2022. ADM is appealing the tribunal's decision.
Pakistan
- Pakistan Tobacco Company (a subsidiary of BAT) (as third party intervenor requesting government to NOT implement 85% warnings)
- Society for Alternative Media & Research (SAMAR) (as petitioner requesting government to implement 85% warnings)
The Ministry of Health has delayed implementation of 85% health warnings on several occasions, and, as of the date of this review, the new health warning requirements have yet to be implemented. Public health groups have challenged this delay in the Islamabad High Court, and the Pakistan Tobacco Company, a BAT subsidiary, has joined the case as third party. In June 2018, 50% graphic health warnings went into effect in Pakistan. Notwithstanding the new 50% warnings, the challenge to the 85% warnings remains pending.
The matter remains pending. Additional hearings in the near future.
United States
- R.J. Reynolds Tobacco Company (subsidiary of Reynolds American Inc., which is wholly owned by BAT)
R.J. Reynolds Tobacco Company is challenging the California Attorney General's issuance of several "Notices of Determination" that allege certain cigarettes are flavored products and are therefore prohibited under state law. R.J. Reynolds is seeking declaratory and injunctive relief.
The lawsuit was filed on May 11, 2023 in California state court.
United States
- Cigar manufacturers
- E-Cigarette manufacturers
- Retailers
- Trade associations
E-cigarette manufacturers, cigar manufacturers, trade associations, and retailers sued the United States Food and Drug Administration (FDA) after the FDA published its deeming rule, extending the agency's regulatory jurisdiction over tobacco products to e-cigarettes, cigars, hookah, and other products that had not yet been regulated by the FDA.
There are around 10 cases brought by plaintiffs that include various legal challenges at various legal stages. Some of these legal challenges have been resolved, while others remain pending.
The tobacco industry appealed a judgment declaring illegal a National Tobacco Control Cell notification that allowed the printing of the graphic health warning on the bottom 50% of tobacco packs and packages.
In November 2018, the BCMA obtained a 6-month extension to an order of stay. The matter remains pending - one in the Appellate Division and the other in the High Court Division.