Ceylon Tobacco v. Minister of Health [ CA (Writ) 336 of 2012 ]

Country Sri Lanka
Category Right to Health
Date of Judgment 12-05-2014
Link / Attachment http://www.sundaytimes.lk/140518/judgement.pdf
  • Description

    The Sri Lanka Ministry of Health adopted regulations requiring tobacco products to contain graphic pictorial health warnings on 80% of the pack. The Ceylon Tobacco Company sued, claiming that the regulations exceed the authority of the Ministry and also violate the company’s intellectual property rights.

    Source: http://www.tobaccocontrollaws.org/litigation/advancedsearch/?country=Sri%20Lanka

  • Judgment

    In this decision the Court of Appeal found that the national tobacco law does provide the Ministry with authority to require pictorial health warnings, not just textual warnings. However, the court reduced the size of the warnings to between 50% - 60% of the cigarette pack in order to give tobacco companies more space in which to display their trademark. The court said that it was balancing the need to protect the health of citizens against the rights of a business to use its trademarks to help identify and sell its products. The court ordered the Ministry to issue new regulations allocating between 50% - 60% of the package for pictorial health warnings. 

    Source: http://www.tobaccocontrollaws.org/litigation/advancedsearch/?country=Sri%20Lanka