TOBACCO CONTROL LAWS

Gourlain v. National Society of Tobacco and Matches

The Gourlain family filed suit against the National Society of Tobacco and Matches (SEITA), alleging that its family member started smoking as a child because of lack of information and misleading advertisements regarding the danger and addictive nature of smoking.  The family member's smoking caused health problems and ultimately death.  The family further claimed that SEITA aired tobacco advertisements despite its knowledge of the existing connection between tobacco consumption and lung cancer and argued that SEITA, as a manufacturer, is responsible for the intrinsic danger of its products.  The court held in favor of the family, explaining that the deceased would not have begun smoking had he known about the risks involved.  The court however considered that the deceased contributed to his health problems by continuing to smoke once aware of the risk.  The court accordingly decreased the damages awarded.  The court further held that merely marketing dangerous products does not make a manufacturer responsible for their use and dismissed the products liability claim.

DOWNLOAD DOCUMENT

Gourlain, et al. v. National Society of Tobacco and Matches, No. 9601838, Court of First Instance - Montargis (1999).

  • France
  • Dec 8, 1999
  • Court of First Instance - Montargis
View Case History

Parties

Plaintiff

  • Charlotte Dufeux
  • Lucette Gourlain
  • Richard Gourlain
  • Richard-Pierre Gourlain
  • Sébastien Gourlain

Defendant National Society of Tobacco and Matches (SEITA)

Legislation Cited

Veil Law, 1976

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.
Personal Injury
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.

Tobacco Control Topics

Packaging and Labeling Measures
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)
Liability
Measures dealing with criminal and civil liability, including compensation. (See FCTC Art. 19)

Substantive Issues

Legal Product
Tobacco is a legal product and the tobacco industry is a legal industry.
Acceptance of Known Risk

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.

Type of Tobacco Product

None

1400 I Street N.W.,
Suite 1200,
Washington, DC 20005
United States of America

Phone: (202) 296-5469

Campaign for Tobacco-Free Kids is a BBB-accredited charity and a
Guidestar Exchange Gold Participant.

© 2024 Campaign for Tobacco-Free Kids | Trademarks | Copyright | Privacy

Site created and maintained by