Blow to cigarette manufacturers as court rules sanctions to remain

Regulatory sanctions imposed by the Government on cigarette manufacturers and importers to safeguard public health will remain.

This is after the Court of Appeal ruled that the sanctions are reasonable and justified.

“It is clear that the purpose of the regulations prescribing health warnings through packaging and labeling of tobacco products was to achieve the objects of the Tobacco Act by providing information and cautioning consumers and non-consumers of the side-effects of tobacco products,” Justices Hannah Okwengu, Festus Azangalala and Fatuma Sichale ruled.

The Court of Appeal said that the disclosures are relevant and did not violate their privacy or intellectual property rights.

“The disclosure was aimed at identifying the products’ ingredients used by tobacco manufacturers to ensure that public health authorities have full information to protect public interest,” the Appellate bench ruled.

The Court of Appeal upheld the decision made on March 24, 2016 by High Court Judge, Mumbi Ngugi, giving a green light to the Ministry of Health to fully implement the legal provisions.

“The side-effects of second-hand smoke are well documented and it is evident that the purpose of this regulation is to protect those who do not smoke, particularly children, from inhalation of second-hand smoke,” the three-Judge bench said.