TOBACCO CONTROL LAWS

Heisei 15 Tobacco Disease Case

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.

Tokyo Chiho Saibansho [Tokyo Dist. Ct.] Oct. 21, 2003, Hei 10 (wa) No. 10379, Kakyu Saibansho Hanreishu [Saibanrei Joho] 1, (Japan).

  • Japan
  • Oct 21, 2003
  • Tokyo District Court
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Parties

Plaintiff

  • 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

  • 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.

Legislation Cited

Tabako Jikyouho [Tobacco Industry Law], Law No. 68 of 1984

Related Documents

None

Type of Litigation

Health Care Cost Recovery
Governments or insurance agencies may seek reimbursement from the tobacco companies for health care costs related to tobacco. The most famous example is the case brought by individual states in the U.S.A. that resulted in the Master Settlement Agreement.
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.
Action against Government to Advance the Public Interest
An individual or organization may sue their own government in order to advance or protect the public interest. For example, an NGO may sue the government claiming the government’s weak tobacco control laws violated their constitutional right to health.

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)

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Right to Life
A violation of the right to not be killed by another person. Arguments may also be similar or tied to right to health arguments.
Consumer Protection Violation

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.

Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.
Sufficiency of Scientific Evidence
A discussion on whether current scientific evidence is sufficient to justify the regulatory measures.
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

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