Parties
Treaty provisions
WHO FCTC
General and other obligations (Articles 2, 5, 18 and 19)
Demand reduction measures (Articles 6 to 14)
Supply reduction measures (Articles 15 to 17)
Research, surveillance and international cooperation (Articles 20, 22, 26)
Priorities and comments
PROTOCOL
General and other obligations (Articles 2 and 5)
Supply Chain Control (Articles 6 to 13)
Offences (Articles 14 to 19)
International Cooperation (Articles 20 to 31)
Priorities and comments
Updates
Contact
Article 19
Published by
awdmin
at
October 24, 2016
Categories
FCTC Treaty provisions
Tags
Reports
Resources
Updates
Article - Reports
C421 - Measures on criminal liability contained in the tobacco control legislation
C422 - Separate liability provisions on tobacco control outside of the tobacco control legislation exist
C423 - Civil liability measures that are specific to tobacco control exist
C424 - Civil liability measures that could apply to tobacco control exist
C425 - Civil or criminal liability provisions that provide for compensation exist
C426 - Criminal and/or civil liability action launched by any person
C427 - Actions taken against the tobacco industry on reimbursement of costs related to tobacco use
C428 - Progress made in implementing Article 19
C429 - Additional information concerning liability
Documents
Tobacco Control Toolkit
1. Scenario 1: Facilitating Access to Justice through Collective Action Addendum
1A. Boxes 2, 6 & 7: Are tobacco claims eligible for determination in a class action?
1B. Boxes 3, 4 & 5: Different models of class actions (resolving causation for individual claimants)
1C. Boxes 7 & 8: Key Features of Class Actions (For countries considering adopting them)
2. Scenario 2: Facilitating Access to Justice of Victims of Tobacco Related Disease Addendum
2A. Box 2: Substantive Defences of the Tobacco Industry to Claims for Compensation
2B. Box 3: Extending Limitation Periods
2C. Box 4: Proving Causation on the Basis of Statistical Evidence (Solely)
2D. Box 5: Establishing which of several defendants caused the injury and recovering against any one of them
2E. Box 6: Burden of Proof
3. Scenario 3: Health Care Cost Recovery Addendum
3A. Boxes 4-8: Main Features of Enabling Legislation
3B. Box 10: Action Using General Health Care Cost Recovery Legislation
3C. Box 11, 12 & 13: Litigation Without Enabling Legislation
4. Scenario 4: Enforcing Tobacco Control Laws, or General Laws Relevant to Tobacco, Including Injunctive Relief Addendum
4A. Box 1-2: Enforcement of General Laws Relevant to General Tobacco: An International Overview
4B. Box 3: Enforcement Action by Non-State Actors (Individuals and Organizations)
4C. Box 5: Simplified Rules of Procedure and Evidence to Facilitate Enforcement Action
4D. Box 6: Standing
4E. Box 7: Amend laws to include enforcement mechanisms, including proportionate sanctions
Article - Updates
The Netherlands: Four tobacco companies fined 82 million euros by Dutch competition watchdog
Brazil sues tobacco companies
Sri Lanka: tobacco company requested to pay compensation
Republic of Moldova: new comprehensive tobacco legislation adopted by the Parliament
Quebec, Canada: $15.5-billion ruling against three tobacco companies