Alfred McTear sued Imperial Tobacco Limited (ITL), claiming that his lung cancer was caused by smoking cigarettes manufactured by ITL. After Mr. McTear’s death, his widow pursued the case. Mrs. McTear claimed that throughout the period during which her husband smoked, ITL was negligent in selling cigarettes or in selling them without appropriate warnings. The Court ruled in favor of ITL because the Mrs. McTear could not prove that her husband was not aware of the dangers associated with smoking and thus she had failed to establish the elements necessary for a successful claim. Significantly, the Court held, among other things, that there is no causal connection between smoking and disease and that “epidemiology cannot be used to establish causation in any individual case . . . .”
McTear v. Imperial Tobacco Ltd., Outer House, CSOH 69, Court of Session (2005).
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.
A violation of the public’s right to information. The tobacco industry may claim that advertising, promotion or sponsorship, or packaging regulations limit the industry’s ability to communicate information to their customers and therefore infringes on the customer’s right to receive information, and to distinguish one product from another. Alternatively, public health advocates may claim that tobacco industry misinformation violates their right to accurate information or that government must be transparent in its dealings with the tobacco industry.
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
None
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"Mr McTear started smoking no earlier than 1964. I am satisfied that advertising had nothing to do with his reasons for starting to smoke. He started smoking because it was socially acceptable and most young people started smoking as part of becoming adults (para.[4.226]). I am prepared to accept that Mr McTear found it difficult to wean himself off his habit once he had started smoking and in that sense could be described as addicted. I do not accept that he was for this reason unable to stop smoking (paras.[4.229] and [6.202] to [6.208]). The averment that tobacco is more addictive than cocaine is not proved. [9.4] I am satisfied that at all material times, and in particular by 1964, the general public in the United Kingdom, including smokers and potential smokers, were well aware of the health risks associated with smoking, and in particular of the view that smoking could cause lung cancer (para.[3.1] and Part III generally). I am also satisfied that Mr McTear was aware, in common with the general public, well before 1971 of the publicity about the health risks associated with smoking, and in particular the risk of lung cancer. Therefore by the time he is shown by acceptable evidence to have started smoking the John Player brand of cigarettes he was already aware of the publicity about the health risks. As with many other aspects of his life, he chose to ignore it (para.[4.230])."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
Alfred McTear sued Imperial Tobacco Limited (ITL), claiming that his lung cancer was caused by smoking cigarettes manufactured by ITL. After Mr. McTear’s death, his widow pursued the case. Mrs. McTear claimed that throughout the period during which her husband smoked, ITL was negligent in selling cigarettes or in selling them without appropriate warnings. The Court ruled in favor of ITL because the Mrs. McTear could not prove that her husband was not aware of the dangers associated with smoking and thus she had failed to establish the elements necessary for a successful claim. Significantly, the Court held, among other things, that there is no causal connection between smoking and disease and that “epidemiology cannot be used to establish causation in any individual case . . . .”