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WHO FCTC
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Priorities and comments
PROTOCOL
General and other obligations (Articles 2 and 5)
Supply Chain Control (Articles 6 to 13)
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International Cooperation (Articles 20 to 31)
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✕
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
Litigation relevant to regulation of novel and emerging nicotine and tobacco products: Comparison across Jurisdictions
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