McTear v. Imperial Tobacco Ltd.

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).

  • United Kingdom
  • May 31, 2005
  • Outer House, Court of Session
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Parties

Plaintiff Margaret McTear

Defendant Imperial Tobacco Ltd.

Legislation Cited

Consumer Protection Act 1987

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"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])."