Alfred McTear sued Imperial Tobacco Limited (ITL), claiming that his lung cancer was caused by smoking cigarettes manufactured by ITL. After Mr. McTear’s death, his widow pursued the case. Mrs. McTear claimed that throughout the period during which her husband smoked, ITL was negligent in selling cigarettes or in selling them without appropriate warnings. The Court ruled in favor of ITL because the Mrs. McTear could not prove that her husband was not aware of the dangers associated with smoking and thus she had failed to establish the elements necessary for a successful claim. Significantly, the Court held, among other things, that there is no causal connection between smoking and disease and that “epidemiology cannot be used to establish causation in any individual case . . . .”
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.
A violation of the public’s right to information. The tobacco industry may claim that advertising, promotion or sponsorship, or packaging regulations limit the industry’s ability to communicate information to their customers and therefore infringes on the customer’s right to receive information, and to distinguish one product from another. Alternatively, public health advocates may claim that tobacco industry misinformation violates their right to accurate information or that government must be transparent in its dealings with the tobacco industry.
Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.
A plaintiff’s liability may be limited where she has accepted the risks and consequences of her behavior. The tobacco industry may argue that the dangers of smoking are well known, so liability should be limited.
Alfred McTear sued Imperial Tobacco Limited (ITL), claiming that his lung cancer was caused by smoking cigarettes manufactured by ITL. After Mr. McTear’s death, his widow pursued the case. Mrs. McTear claimed that throughout the period during which her husband smoked, ITL was negligent in selling cigarettes or in selling them without appropriate warnings. The Court ruled in favor of ITL because the Mrs. McTear could not prove that her husband was not aware of the dangers associated with smoking and thus she had failed to establish the elements necessary for a successful claim. Significantly, the Court held, among other things, that there is no causal connection between smoking and disease and that “epidemiology cannot be used to establish causation in any individual case . . . .”