Some advocates have begun using human rights arguments in litigation against the tobacco industry. Below are several cases relevant to human rights, but this list is far from exhaustive of all tobacco litigation. For a much more in depth look at tobacco litigation worldwide, please visit the excellent resource put together by Campaign For Tobacco Free Kids at

Smoke-free air litigation

  • A matter of life or death': Woman with lung disease wins complaint over neighbour's smoking

    Canadian woman with lung disease wins human rights complaint over condo neighbour’s smoking

    In B.C., a woman with lung disease was exposed to drifting smoke from a neighbouring condominium unit.  Her complaints were not remedied.  On March 5, 2019, the BC Human Rights Tribunal ruled that this violated the BC Human Rights Code for discrimination on the basis of disability.  The tribunal ordered that the strata cease the contravention and pay $7,500.

    The decision in Bowker v Strat Plan NWS 2539 can be seen here

    A news article can be seen here

The Impact of Litigation

  • The impact of the WHO Framework Convention on Tobacco Control in defending legal challenges to tobacco control measures

    Since the WHO Framework Convention on Tobacco Control’s (FCTC) entry into force, the tobacco industry has initiated litigation challenging tobacco control measures implemented by governments around the world, or supported others to initiate such litigation on its behalf. In defending their tobacco control measures against such litigation, governments have invoked their obligations and rights under the WHO FCTC. We assess the extent to which the WHO FCTC has provided legal weight to governments’ defences against legal challenge. Read more here