An exciting FCA evening briefing entitled: Litigation- Sleeping giant of tobacco control, was held on 4th July at the 2nd Conference of the Parties to the FCTC. Topics covered the worldwide litigation experiences, the human rights approaches to litigation as well as the financial and technical assistance for bringing cases against tobacco companies.
Cases from around the world were discussed including those from the US and Bangladesh. There was a presentation on the EU court cases on smuggling as well as on Saudi Arabia's recent suit against international tobacco companies seeking $ 2.7bn in compensation for treating tobacco related illnesses.
It was interesting to note that the Framework Convention on Tobacco Control (FCTC) was cited in the judgement of the recent Canadian decision where the Supreme Court upheld the decade old federal law limiting advertising.
In Nepal, a human rights based approach was used to control tobacco. A writ was filed and an interim order to stop tobacco industry sponsorship. The decision is expected in September.
From the Pakistan experience we learn that simple approaches can be quite effective. Last year a 2 page letter was written to the Pakistani Chief Justice asking him to intervene regarding the question of non-implementation of the anti-smoking ordinance.
Court cases can generate a large amount of publicity to tobacco control issues as was evidenced in the two cases in Philippines regarding non-compliance of the law on health warnings.
The presentation on Nigeria's recent case involving 3 states and an NGO suing the tobacco companies highlighted the importance of international tobacco control support particularly from those with the experience of suing the tobacco industry.
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