Pou v. British American Tobacco (New Zealand) Limited & Anor
Pou instituted these proceedings in June 2002 after being diagnosed with lung cancer. She died in September 2002 at age 52. Pou had been a heavy smoker since she was 17 years old. Pou’s children continued the case after her death as executors of her estate.
Pou alleged that she started smoking in 1968 because she was exposed to advertisements that glamourized cigarettes, promoted by the defendant companies. She alleged that the defendants knew or ought reasonably to have known, prior to 1968, that cigarettes were addictive and caused serious illness. Pou claimed that the defendants breached their duty of care to warn her that she might become addicted and/or that she might suffer injury if she continued to smoke; alternatively, they breached their duty of care to stop manufacturing and supplying cigarettes when they knew or should have known that they were dangerous.
New Zealand’s High Court rejected Pou’s case on several grounds: the Court found that there has never been a duty on a cigarette manufacturer to cease manufacture and distribution and there is no basis for such a duty; further, even if there was a duty to warn, the dangers inherent in smoking were common knowledge in 1968 when Pou started smoking; further, even if there was a duty to warn, Pou failed to establish that she would not have begun/continued to smoke if the warning had been given; and further, even if Pou was not aware of the risks of smoking in 1968 she must have been aware of those risks by 1974 and thereafter she elected to keep smoking and did not take steps to quit although she was able to do so.
Pou v British American Tobacco (New Zealand) Limited & Anor [2006] NZHC 451
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.
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 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.
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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"The difficulty with this aspect of the plaintiffs’ claim is that, if it is upheld, it would amount to an order prohibiting the manufacture of cigarettes on a retrospective basis. The plaintiffs would have the Court make that order despite the fact that even now, and notwithstanding all that is known about the dangers of smoking, the manufacture and distribution of cigarettes remain perfectly legal. The sale and use of cigarettes is also legal, so long as the consumer is aged at least 18 years."
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.
Pou instituted these proceedings in June 2002 after being diagnosed with lung cancer. She died in September 2002 at age 52. Pou had been a heavy smoker since she was 17 years old. Pou’s children continued the case after her death as executors of her estate.
Pou alleged that she started smoking in 1968 because she was exposed to advertisements that glamourized cigarettes, promoted by the defendant companies. She alleged that the defendants knew or ought reasonably to have known, prior to 1968, that cigarettes were addictive and caused serious illness. Pou claimed that the defendants breached their duty of care to warn her that she might become addicted and/or that she might suffer injury if she continued to smoke; alternatively, they breached their duty of care to stop manufacturing and supplying cigarettes when they knew or should have known that they were dangerous.
New Zealand’s High Court rejected Pou’s case on several grounds: the Court found that there has never been a duty on a cigarette manufacturer to cease manufacture and distribution and there is no basis for such a duty; further, even if there was a duty to warn, the dangers inherent in smoking were common knowledge in 1968 when Pou started smoking; further, even if there was a duty to warn, Pou failed to establish that she would not have begun/continued to smoke if the warning had been given; and further, even if Pou was not aware of the risks of smoking in 1968 she must have been aware of those risks by 1974 and thereafter she elected to keep smoking and did not take steps to quit although she was able to do so.