Producer liability for damages caused by the use of tobacco

The fight against active and passive use of tobacco is one of the major health concerns of the present times.

In Europe there have been yet only a few legal suits against tobacco manufacturers, filed usually by non- governmental or health and social security organizations claiming repayment of expenses with the treatment of affected smokers. 1 2 Private associations dedicated to prevent the use of tobacco and alcohol have recently won several judicial cases. For instance, the Service Nationel des Chemins de Fer 3, in France, has been convicted and forced to pay damages for failure to enforce the law that prohibits smoking in public places.

A French bank has also been forced to pay a considerable amount of money to the family of a bank employee, dead due to lung cancer, for disrespect of hygiene and security in the workplace regulations.

The French tobacco manufacturer SEITA have been found guilty 4 of persistent and serious omission to inform the smokers about the dangers of Gauloise cigarettes, and that it's cancerous and addictive properties and has been since forced inform the public about the risks of dependence and the serious health risks which are associated with the use of their products 5.

In the USA, although it is estimated that more than 40,000 Americans a year die of illnesses related to tobacco use and although thousands of individual claims have been filed against manufacturers the truth is that in only very few of these cases have tobacco companies been condemned to pay compensation for damages caused by the use of tobacco.