A smoke signal from Florida
CMAJ 2000;163(4):432
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The size of an award set by a Florida court in a suit against tobacco companies may be mind-boggling — at US$145 billion it is bigger than Canada's federal budget — but many lessons from the case can be applied here, an antismoking lawyer says.
David Sweanor, senior legal council with the Non-Smokers' Rights Association, says the Florida case hinged on the informed-consent issue and Canadian courts have already taken "very strong" stands on it. "Most physicians are familiar with informed consent and this case was about the fact that the companies did not give smokers all the information that was available. What they didn't want them to know, for example, was that 'light' cigarettes are a scam."
The Florida suit, on behalf of 700 000 sick smokers in the state, lasted 2 years, but the 6-member jury took only 5 hours to set the award. Although the smokers are unlikely to see little if any of the money because of the lengthy appeal process, Sweanor said the award is still a watershed event because of its size.
Although no trials are imminent, several class actions and individual proceedings are being pursued against tobacco companies in Canada. "Naturally, any awards here won't be anywhere near as large as that one," Sweanor said. — Patrick Sullivan, CMAJ
© 2000 Canadian Medical Association or its licensors
