TOBACCO CONTROL LAWS

Richard X. v. National Society of Tobacco and Matches

Richard X. died after a long history of lung and tongue cancer caused by smoking. His survivors filed an action seeking damages for failure of the National Society of Tobacco and Matches (SEITA) to warn plaintiff of the dangers of smoking. The court awarded damages for the period 1963 until 1976, when France enacted a law requiring health warnings on tobacco packaging.  The survivors’ appeal seeking additional damages from 1976 to 1999, when Richard X. died, was unsuccessful. Upon further appeal, the Court of Cassation affirmed the decision below.

Richard X, et al. v. National Society of Tobacco and Matches, Case No. 01-17977, Court of Cassation (2003).

  • France
  • Nov 20, 2003
  • Court of Cassation
View Case History Download Document

Parties

Plaintiff

  • Charlotte Z.
  • Lucette Y.
  • Richard X.
  • Richard-Pierre X.
  • Sebastien X.
  • Widow Y.

Defendant National Society of Tobacco and Matches (SEITA)

Legislation Cited

Civil Code Section 1382

Civil Code Section 1384

Law 76-616 1976-07-09

Related Documents

None

Type of Litigation

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.

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)
Liability
Measures dealing with criminal and civil liability, including compensation. (See FCTC Art. 19)

Substantive Issues

Right to Access to Information
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.
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.

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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