Costa Rica

Following the death of her husband, the plaintiff sought compensation from the State of Costa Rica for damages caused by her husband's tobacco addiction. The plaintiff claimed that the State was liable for her husband's death for improperly regulating the tobacco industry, the omission of information, negligence, and breaking its duties to protect its citizens from the harms of tobacco. The plaintiff also claimed that the State failed to meet its obligations under the Framework Convention on Tobacco Control (FCTC) by failing to adequately regulate warnings, packaging, and advertising of tobacco, as well as conducting inadequate preventive campaigns. The plaintiff argued that the Costa Rican Tobacco Regulation Law paled in comparison to the requirements of the FCTC. The Court ruled that there was insufficient evidence demonstrating negligence by the State in protection the people from the harms of tobacco, as was required by the law and the FCTC. Consequently, the Court concluded that the plaintiff's addiction resulting in his death derived from his own decision to smoke and that the State carried its responsibility properly. The appeal was dismissed.