Litigation relevant to regulation of novel and emerging nicotine and tobacco products: case summaries

Overview

Novel and emerging tobacco products have presented a number of challenges for regulators, including the risk that regulation may lead to litigation. The report titled ‘Litigation Relevant to Regulation of Novel and Emerging Nicotine and Tobacco Products’ analyses litigation concerning tobacco and nicotine product regulation across jurisdictions, with the aim of highlighting the legal arguments advanced and the reasoning of courts relevant to novel and emerging nicotine and tobacco products. In this regard, 89 cases between 2008-2020 were identified as relevant.

The report identifies two broad categories of litigation. The first concerns measures addressing product characteristics and disclosures. This group of cases concerns legal challenges against measures which prescribe the form that a product may or may not take, including, classification of these products under national legislation, proportionality of product prohibitions, and flavour bans. The second category of cases concerns health claims and advertising, promotion and sponsorship. These concern application of laws to different products, including enforcement actions concerning misleading conduct and restrictions on advertising, promotion, and sponsorship.

This document contains summaries of the cases identified as relevant, including those described in the report. This document describes the facts, legal issues, arguments advanced, and reasoning of the courts.