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J Public Health (Oxf). 2016 Sep;38(3):516-521. Epub 2015 Jun 1.

The role of public law-based litigation in tobacco companies' strategies in high-income, FCTC ratifying countries, 2004-14.

Author information

1
Centre for Primary Care and Public Health, Barts and the London School of Medicine and Dentistry, Queen Mary University of London, London E1 2AB, UK.
2
Department for Health and UK Centre for Tobacco and Alcohol Studies, University of Bath, Bath, UK.
3
London School of Hygiene and Tropical Medicine, London, UK.
4
Department of Sociology, University of Oxford, Oxford, UK.

Abstract

BACKGROUND:

Tobacco companies use a host of strategies to undermine public health efforts directed to reduce and eliminate smoking. The success, failure and trends in domestic litigation used by tobacco companies to undermine tobacco control are not well understood, with commentators often assuming disputes are trade related or international in nature. We analyse domestic legal disputes involving tobacco companies and public health actors in high-income countries across the last decade to ascertain the types of action and the success or failure of cases, develop effective responses.

METHODS:

WorldLii, a publicly available online law repository, was used to identify domestic court cases involving tobacco companies from 2004 to 2014, while outcome data from LexisNexis and Westlaw databases were used to identify appeals and trace case history.

RESULTS:

We identified six domestic cases in the UK, Australia and Canada, noting that the tobacco industry won only one of six cases; a win later usurped by legislative reform and a further court case. Nevertheless, we found cases involve significant resource costs for governments, often progressing across multiple jurisdictional levels.

DISCUSSION:

We suggest that, in light of our results, while litigation takes up significant time and incurs legal costs for health ministries, policymakers must robustly fend off suggestions that litigation wastes taxpayers' money, pointing to the good prospects of winning such legal battles.

KEYWORDS:

global health; governance; law; litigation; tobacco

PMID:
26036703
PMCID:
PMC5072156
DOI:
10.1093/pubmed/fdv068
[Indexed for MEDLINE]
Free PMC Article

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