Abal Hermanos, S.A. v. Uruguay

Abal Hermanos S.A., a PMI affiliate, challenged the constitutionality of Law No. 18256 arguing that it established an illegal delegation of powers to the Ministry of Health, which were used to unreasonably extend the health warnings to 80% of the principal display areas. According to the plaintiff, the health warning requirement was a violation of the right to property, including intellectual property. The Supreme Court rejected the challenge finding that the law was constitutional and that there was not illegal delegation but just a need to complement the law with the necessary regulations. The Supreme Court finds relevant that the challenged law is based in the FCTC, an international commitment undertaken by Uruguay.