Heisei 15 Tobacco Disease Case
Tokyo Chiho Saibansho [Tokyo Dist. Ct.] Oct. 21, 2003, Hei 10 (wa) No. 10379, Kakyu Saibansho Hanreishu [Saibanrei Joho] 1, (Japan).
- Oct 21, 2003
- Tokyo District Court
- Plaintiff A (原告A)
- Plaintiff B (原告B)
- Plaintiff C (原告C)
- Plaintiff D (原告D)
- Plaintiff E (原告E)
- Plaintiff F (原告F)
- Defendant g (被告g) [President of Japan Tobacco, Inc. from Apr. 1985 to Jun. 1988]
- Defendant h (被告h) [President of Japan Tobacco, Inc. from Jun. 1988 to Jun. 1994]
- Defendant i (被告i) [President of Japan Tobacco, Inc. from Jun. 1994]
- Japan (represented by Minister of Finance and Minister of Health, Labor and Welfare)
- Japan Tobacco, Inc.
Tabako Jikyouho [Tobacco Industry Law], Law No. 68 of 1984
Type of Litigation
Tobacco Control Topics
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.
Type of Tobacco Product
Smokers suffering from respiratory diseases sought: (1) recovery of healthcare costs, tort damages and punitive damages from the government, Japan Tobacco (JTI), and JTI's executives; (2) a ban preventing JTI from advertising and sponsoring public activities; (3) a ban on sales of tobacco products; and (4) an order forcing JTI to place more health warnings on the packages and labels of its products. The court found the evidence presented to show causation between JTI's activities and the plaintiffs' health problems to be insufficient. The plaintiffs' requests were denied.