chapter  2
33 Pages

Tobacco Litigation

This chapter shows that governments need to provide the right framework so that their tobacco control policies can flourish unobstructed by constitutional challenge. Some of these challenges depend upon local cultures, most notably in relation to freedom of expression that is particularly strongly protected under the First Amendment in the US. Indeed the enactment of the Family Smoking Prevention and Tobacco Control Act (FSPTCA) in the US and the impact of the World Health Organisation (WHO), Framework Convention all signal an emerging consensus about the validity of tobacco control measures which courts should and for the most part do support when they are subject to legal challenge. The evidence is, however, that those adversely affected by the laws continue to seek every opportunity to challenge the freedom of the state to regulate a product it cannot for social and cultural reasons ban, but which poses a serious health risk.