Ceylon Tobacco v. Minister of Health [ CA Application 336 of 2012 ]

Country Sri Lanka
Category Right to Health
Date of Judgment 22-02-2013
Link / Attachment http://www.tobaccocontrollaws.org/litigation/decisions/lk-20130222-ceylon-tobacco-company-ghw-cha
  • Description

    The Sri Lanka Ministry of Health passed a regulation requiring tobacco products to contain graphic pictorial health warnings on 80% of the pack.  The Ceylon Tobacco Company challenged Tobacco Product (Labelling and Packaging) Regulations No. 01 of 2012 dated 8 August 2012 made by the Minister of Health under the National Authority on Tobacco and Alcohol Act as ultra vires the authority of the ministry and sought an interim order to stop the implementation of the regulation until their substantive challenge was concluded.
    Consequent to the judgment of the Appeal Court, CTC file a case in the Supreme Court.

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

  • Judgment

    Here the Court of Appeal denied the tobacco company’s request to delay implementation of the regulation.  The court found the regulation was sufficiently clear for implementation.  The court said the timeline of the regulation provided sufficient time for implementation and the balance of convenience supported the Minister.

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