Ceylon Tobacco Company PLC vs Hon. Maithripala Sirisena – CA 336/2012-2014

In Ceylon Tobacco Company PLC v. Hon. Maithripala Sirisena, Minister of Health & Others, the Supreme Court considered whether Regulation No. 1 of 2012 and its amendments, requiring extensive pictorial health warnings on cigarette packaging, were ultra vires the powers of the Minister under the National Authority on Tobacco and Alcohol Act No. 27 of 2006 (NATA Act). The legal issues centered on statutory authority, proportionality, the reasonableness of the regulatory requirements, and possible infringement of intellectual property rights. It was held that the Minister possessed the requisite authority under the NATA Act to prescribe pictorial warnings on tobacco packaging; however, mandating that such warnings cover 80% of the pack was found to be disproportionate and not reasonably justif

REF: CA 336/2012-2014 Category: Tag:
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