Tobacco politics
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Tobacco politics refers to the politics surrounding the use and distribution of tobacco, likewise with regulations.
In the United States, from the 1950s until the 1990s, tobacco industries wielded great influence in shaping public opinion on the health risks of tobacco.[1][2][3] Despite the efforts of public health advocates, scientists, and those affected by smoking, both Congress and courts favored the tobacco industry in policy and litigation.[2] It was not until the 1990s that public health advocates had more success in litigating against tobacco industries, including the 1998 Master Settlement Agreement between major tobacco companies and 46 state attorneys general. Although public opinion in the United States on tobacco use is generally unfavorable, many large tobacco companies continue to find success internationally,[1][2] and tobacco companies have expanded into other product categories, such as electronic cigarettes, as traditional tobacco use declines.
As of 2018, 169 states have signed the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC), which governs international tobacco control.[4][5] However, many nations have had difficulty complying with the FCTC, with higher rates of smoking especially in developing nations.[6][7] There are currently almost 1.3 billion smokers globally.[8]
Taxation
Tobacco has been taxed by state governments in the United States for decades.[9] The cumulative revenue of US tobacco taxation exceeded $32 billion in 2010, establishing a major revenue stream for government.[10] That said, revenue from US tobacco taxation peaked in 2010 at $17.2 billion, and has steadily decreased every year since then with revenue in 2023 at $11.6 billion.[11]
The Contraband Cigarette Trafficking Act of 1978, a law which makes cigarette smuggling a felony punishable by up to 5 years in federal prison, is a means to prosecute smugglers who avoid paying duties on cigarettes. The
Cigarette advertising

In numerous parts of the world, tobacco advertising and sponsorship of sporting events is prohibited. The ban upon tobacco advertising and sponsorship in the European Union (EU) in 2005 prompted
MotoGP team
Lobby
Major tobacco lobbying companies include Altria Group (the parent company of Philip Morris USA), Philip Morris International, and Reynolds American.[16]
20th century
In 1964, the Surgeon General released a report confirming the causal link between smoking and cancer.[1][2] Tobacco industries formed the Tobacco Institute, a trade association that acted as a lobby for tobacco industries in Congress.[3] This lobbying was generally successful, as the tobacco industry was well-funded and Southern states relied on tobacco revenues.[2][3] For example, after the Federal Trade Commission (FTC) mandated health warning labels on cigarette packaging, tobacco companies successfully requested Congressional regulation in place of FTC regulation.[2] The Federal Cigarette Labeling and Advertising Act (FCLAA) of 1965 originally required cigarette warning labels to include a warning of cancer, but this was removed from the final bill.[1][2]
Although tobacco companies had considerable influence throughout the twentieth century, anti-tobacco advocates also had some success. In 1967, anti-tobacco advocates successfully argued that the
21st century
Tobacco companies continue to have a large role in politics, albeit not as extensively as during the twentieth century.[16] In 1990, the contributions of tobacco lobbies totaled to over $70 million.[16] In 2017, tobacco lobbies paid $21.8 million.[16] Tobacco companies tend to donate more to Republican candidates, contributing over $50 million since 1990 to Republicans, including former Vice President Mike Pence.[17] Although multiple proposals for relaxed electronic cigarette regulation, such as the Cole-Bishop Amendment in the 2017 omnibus bill and FDA Deeming Authority Clarification Act of 2017, have emerged, none have passed yet.[18] In 2006, courts ordered tobacco companies to run anti-smoking advertisements, but tobacco companies delayed this order through multiple appeals until 2017.[19] As of 2017, tobacco companies must now run advertisements detailing the negative health impacts of smoking for a year.[19] In a measure to curb use of E-cigarettes' among youth US FDA banned promoting and selling of flavored vaping products in January 2020.[20]
In 2017, Philip Morris International established the Foundation for a Smoke-Free World and fully funds it (to the tune of $80 million per year over twelve years) with the objective of endorsing new tobacco industry products.[21]
Litigation
History
The history of tobacco litigation in the United States can be divided into three waves: (1) from 1954 to 1973, (2) from 1983 to 1992, and (3) from 1994 until today.[23] During the first two waves, tobacco companies had enormous success, winning all but one of their cases, with the only case they lost, Cipollone v. Liggett, being reversed.[23][24]
During the first wave, a growing abundance of evidence linked tobacco to death and disease.[23] Individual smokers filed lawsuits against the tobacco industry, claiming negligence in manufacturing and advertising, breach of warranty, and product liability.[24] However, the tobacco industry responded by challenging the science of smoking causing disease and claiming that smokers assumed any risks.[24]
During the second wave, plaintiffs charged tobacco companies with failure to warn about the addiction and disease risk of cigarettes and strict liability.[24] The tobacco companies argued that people assumed the risks of smoking and that federal laws preempted state laws, which the lawsuits were filed under.[24] In addition, the tobacco industry poured a massive amount of money into these cases, trying to overwhelm plaintiffs with legal costs.[23] An internal memorandum by an attorney for the RJ Reynolds tobacco company described their strategy as, “To paraphrase General Patton, the way we won these cases was not by spending all of our money, but by making that other son of a bitch spend all [of] his.”[23]
The third wave of tobacco litigation was much more successful for plaintiffs, with plaintiffs winning 41% of cases between 1995 and 2005.[23] It also saw a greater number and variety of lawsuits overall.[23] State attorneys general charged the tobacco industry of using misleading marketing, targeting children, and concealing the health effects of smoking.[24] These cases resulted in settlements across all fifty states in the United States.[24]
Recently, there has been mixed success for plaintiffs in tobacco litigation. In Florida, a large class action lawsuit was rejected, because the court argued that each individual case must be proven.
Significant cases
- 1992: In Cipollone v. Liggett Group, Inc. the US Supreme Court held that the Surgeon General's warning did not preclude suit by smokers against tobacco companies on several claims, and that the federal laws on tobacco regulation aren't worded to override state laws.
- 1995: The RJR-MacDonald Inc. v. Canada (Attorney General) upheld the constitutionality of the federal Tobacco Products Control Act, but struck out the provisions which prevented tobacco advertising and unattributed health warnings.
- March 2001: The US Supreme Court affirmed the Circuit Court's ruling that the Food, Drug and Cosmetic Act. (FDA v. Brown & Williamson Tobacco Corp.)
- June 2002: A District Court in Kansas awarded $15 million in punitive damages against R.J. Reynolds Tobacco after calling the company's conduct "highly blameworthy and deserving of significant punishment." (David Burton vs. R.J. Reynold's Tobacco)
- June 2002: A Miami jury held three cigarette companies liable for $37.5 million in a lawsuit involving an ex–smoker who lost his tongue to tobacco–related oral cancer. (Lukacs vs. Philip Morris)[29]
- October 2002: A Los Angeles jury issued $28 billion in punitive damages against Philip Morris. This was later reduced to $28 million. (Betty Bullock vs. Philip Morris)[30]
- 2003: A Madison County, Illinois jury awarded $10.1 billion against the tobacco company Philips Morris for deceptive cigarette advertising in a class action led by attorney Stephen Tillery (Price v. Philip Morris).[31]
- 2004: A New York jury issued $20 million to the wife of a long-term smoker who died of lung cancer at the age of 57. This was the first time that a New York court had held a tobacco company liable for an individual smoker's death. (Gladys Frankson vs. Brown and Williams Tobacco Corp)[32]
- 2005: In Imperial Tobacco v. British Columbia the Supreme Court of Canada found that the provincial Tobacco Damages and Health Care Costs Recovery Act, which allowed the government to sue tobacco companies, was constitutionally valid.
- 2007: State Farm v. Campbell. The appeals court ultimately upheld their original damages.
- 2008: The Altria Group v. GoodUS Supreme Court case said that state law is not preempted by a federal law regarding cigarette advertisement regulations.
Grounds of claims
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- Civil Rights
- Tobacco companies have marketed menthol cigarettes specific to African Americans; groups have pursued civil rights remedies in court.[33]
- Design defects
- Claims of design defects allege that tobacco companies designed tobacco products with additional adverse health risks. Examples of design defects include cigarettes that increase addiction risks and deliberately choosing to not develop less harmful cigarettes.[34]
- In response, tobacco companies have argued that they have not intentionally made cigarettes more dangerous, but instead carefully and thoughtfully design the least hazardous tobacco product for smokers.[34]
- Strict liability
- Under a theory of strict liability, a tobacco company is responsible for any damages or injuries resulting from the use of cigarettes even if there is no showing of negligence.[35]
- Product liability
- The liability of any or all parties along the chain of manufacture, distribution and sale of any product for damage or injury caused by that product.[36]
- Depriving of health hazards information
- Lawsuits against tobacco companies have asserted that tobacco companies mislead the public on the risks of smoking, environmental smoke, and nicotine addiction.[37]
Defenses
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- Volenti non fit injuria
- Volenti non fit injuria, or "to a willing person, no injury is done", is a common law doctrine which states, when applied to these cases, that there is no damage to someone who willingly places themselves in a position where they are negatively affected by tobacco consumption.
- Contributory negligence
- Contributory negligence is a common law defense to a claim based on negligence, that before the cases, the adverse effects were unknown. This has been one of the commonly used defences. Most of them will assert that it was the plaintiff himself that has contributed to his own injury as he has prior knowledge of the harm associated with tobacco smoking.
Tobacco advertising fails to influence non-smokers
- In 2006, tobacco companies argued that
Epidemiology cannot show causation
- Tobacco companies have claimed that epidemiological evidence cannot show direct causation in individuals.[39] This reasoning was used in the 2005 McTear v. Imperial Tobacco Limited case in Scotland, arguing that the plaintiffs could not reasonably prove that the plaintiffs’ smoking caused lung cancer.[39] In addition, tobacco companies challenge the way epidemiological evidence is collected.[39]
Litigation outside of the United States
Introduction
As of 2000, litigation also continued in several countries outside the United States. Citing third-party reimbursement, several countries, such as Bolivia, Guatemala, Nicaragua, and Venezuela, have filed lawsuits both in the United States and in their own courts against tobacco industries.[40] As of 2000, individual suits have also been filed in a multitude of countries, including Argentina, Finland, France, Japan, Ireland, Israel, Norway, Sri Lanka, Thailand, and Turkey.[40]
The US signed the FCTC on May 10 2004, albeit never ratified the treaty.[41]
WHO Framework Convention on Tobacco Control
The
Before 1998, the concept of an international tobacco control treaty received little enthusiasm.
Australia
In Australia, tobacco companies have faced several lawsuits, although not to the scale of litigation in the United States.[40][43] In 1991, the Federal Court found advertisements denying environmental smoke to be misleading.[40] In the 1999 case Nixon v. Philip Morris (Australia) Ltd, plaintiffs claimed tobacco companies misled them on the risks of smoking, although Courts ruled the case could not continue as representative proceedings (similar to class action lawsuits in the United States).[40][44] Personal injury cases are less common in Australia, as unsuccessful plaintiffs must pay the legal fees of the defendant, less profit incentives exist for Australian lawyers, and momentum from successful tobacco litigation has not been generated.[43]
McCabe v British American Tobacco (2002) was the first personal injury case outside the United States to win a verdict against a tobacco company.[45] The plaintiff, Rolah McCabe, who was diagnosed with lung cancer, claimed British American Tobacco Australia misled her in estimating the risk for smoking cigarettes.[45] The verdict was later overturned, although McCabe died before the court proceedings finished.[45] This case has been influential in litigation and legislation concerning document destruction, as British American Tobacco destroyed several documents in this case.[45]
In 2005, a court-enforceable settlement between the Australian Competition and Consumer Commission (ACCC) and Philip Morris (Australia) Limited, British American Tobacco Limited, and Imperial Tobacco Australia Limited, was reached.[46] The companies agreed to stop describing cigarettes as “light” and “mild” and provide $9 million for corrective advertising, in exchange for the ACCC to no longer pursue certain legal action against the companies.[46] Afterwards, the companies started to describe cigarettes with terms such as “rich”, “classic”, “smooth”, “fine”, “ultimate”, “refined”, and “chilled”.[46]
Tobacco companies have not been the only defendants in tobacco litigation. In cases regarding environmental smoke, the defendants are often the owners or managers of locations where environmental smoke occurs.[47][48] In Meeuwissen v Hilton Hotels of Australia Pty Ltd (1997), the plaintiff argued environmental smoke in a nightclub constituted unlawful discrimination based on disability, and was awarded $AU2000 in compensation.[40] Aside from disability discrimination, environmental smoke lawsuits have also cited common law negligence, occupational health and safety law, and occupiers’ law.[47] The result of such litigation has been increased bans on smoking in the workplace and certain public places.[47]
Tobacco companies have also initiated litigation domestically and internationally, claiming government measures against tobacco have infringed on their commercial rights.[49] In 2011, the Australian government introduced plain packaging legislation.[50] Philip Morris Asia Limited challenged this directive under a bilateral trade agreement with Hong Kong, but did not succeed.[51] Cuba, Honduras, the Dominican Republic and Indonesia also filed a World Trade Organization complaint, but the WTO upheld the plain packaging law in 2017.[52]
Some magazines have not yet ended tobacco advertising within their issues, largely due to the fact that it remains unprohibited upon a legal basis, likewise with promotions as well as free public distribution, mounting concern amongst organisations as a result.[53]
Austria
Austria subscribed to the WHO anti-tobacco convention on December 14 2005.
Bhutan
The Tobacco Control Act of Bhutan 2010 prohibits the cultivation, manufacture, sale, and distribution of tobacco products within Bhutan[54]
Brazil
Retail sale of e-cigarettes and e-cigarette refills is prohibited.[55] Tobacco products are not prohibited.
Canada
Canada proposed a plan for their three biggest tobacco companies to pay out $32.5 billion to Canadian provinces, territories, and smokers. As of October 18 2024, this plan has not been approved yet. If approved, the deal would see the three firms — Imperial Tobacco Canada Ltd., JTI-Macdonald Corp. and Rothmans, Benson & Hedges — pay: $24.7 billion to the provinces and territories; $6.6 billion to individuals who experienced defined smoking-related diseases or their survivors; and $1 billion to a new national foundation for research into cancer and other smoking-related diseases.[56]
China
Although China faces many tobacco-related health problems, with over 1.2 million tobacco-related deaths per year, the government has had a limited response.[57] The tobacco industry provides 7 to 10 percent of tax revenue for the government, while also providing many jobs in agriculture, sales, and other businesses.[57] In addition, the government considers anti-smoking measures as potentially destabilizing, given the resentment and unrest it could cause.[57]
The tobacco industry and some bureaucratic institutions oppose anti-smoking measures. In China, the tobacco industry is heavily monopolized.
Some regional governments also oppose tobacco control policies. For example, in Yunnan Province, tobacco is the largest industry, with tobacco taxes supplying one half of its local government revenue.[57] Other provinces like Guizhou, Henan, and Sichuan, also rely heavily on revenue from tobacco production.[57]
The Chinese government has implemented some tobacco control measures. Through the 1980s and 1990s, the national government and local governments implemented various bans on smoking in public places.
India
Regular cigarettes and other tobacco products are not prohibited. E-cigarettes are prohibited.[58] However, smoking is completely banned in many public places and workplaces such as healthcare, educational, and government facilities and on public transport. [59] However, public health advocates have been pushing for stricter regulations to curb tobacco use, citing the economic burden of tobacco-related diseases on the healthcare system. India is a signatory to the World Health Organization Framework Convention on Tobacco Control (WHO FCTC), which mandates strong anti-tobacco measures, including bans on advertising, higher taxes, and warning labels.
Japan
After the Meiji Restoration in the nineteenth century, Japan began taxing tobacco.[60][61] Historically, tobacco revenue has been used to fund military endeavors.[60][61] In the late nineteenth century, following the deficits from the Sino-Japanese War and in preparation for the Russo-Japanese War, the government imposed a monopoly over tobacco production.[60][61] In 1985, this monopoly was privatized into what is now Japan Tobacco (JT), although the government still exhibits great influence over and benefits from tobacco tax revenue.[60][61] In 1999, Japan Tobacco created its international branch, Japan Tobacco International (JTI).[60] JTI is now the world's third largest transnational tobacco corporation (TTC).[60]
In 2014, the Tokyo High Court ruled that there was not definitive scientific evidence that passive smoking causes cancer, although the evidence they were presented was discredited outside of Japan.[62]
In 2017, in preparation for the 2020 Summer Olympic and Paralympic Games hosted in Tokyo, the Health, Labor and Welfare Ministry called to ban smoking in public facilities.[61] Japan has some of the least stringent tobacco control measures in the world.[63] The food service industry, which includes public premises like restaurants and bars, strongly opposed this measure.[61] In 2018, the plan for a total smoking ban was revised to include certain exceptions, such as separate rooms for smokers in restaurants in exempting "small-scale" establishments.[64]
Nicotine-containing e-cigarettes are only permitted as medicinal products and no e-cigarettes have been approved. Regular cigarettes and other tobacco products are not prohibited.[65]
Netherlands
The Lidl supermarket chain in the Netherlands stopped selling cigarettes in 2021.[66]
Russia
In Russia, smoking is very prevalent, with tobacco industries wielding great influence in Russian politics.[67] Several Russian Duma members have also worked within the tobacco industry.[67] After a protest caused by cigarette shortages in 1990, transnational tobacco companies began to invest in the Russian tobacco market, particularly in production.[67] This growth in industry has been accompanied by an increase in smoking, and Russia has the highest rates of smoking in Europe.[67]
Although the Russian government has attempted to implement tobacco prevention and control programs, most of these have had limited success. In the mid-1990s, the
In 2017, the Ministry of Health proposed a cigarette ban that would apply to all born after 2014, although some have expressed concern that a ban would result in a cigarette black market.[68]
Seychelles
While tobacco products are not prohibited, there are some restrictions that exist on the manufacture, importation, and sale of tobacco products, including packaging and labeling requirements. The use of e-cigarettes is also legal since 2019.[69] [70]
Singapore
While tobacco products are not prohibited, there are some restrictions that exist on the sale of tobacco products and E-cigarettes are prohibited. [71]
Slovenia
The ranking of Slovenia in the Tobacco Control Scale moved from the 28th position in 2016 to the 8th in 2019. It is one of the 13 EU member states which in 2012 have approved a smoking ban in private cars in presence of minors. The remaining countries are: Ireland, UK, France, Finland, Italy, Malta, Cyprus, Lithuania, Slovenia, Luxembourg, Austria, Greece and Belgium.[72] In 2020, Slovenia launched a program with the purpose to become a tobacco-free society by 2040, as the last useful date.[73]
South Africa
Smoking in public is banned. This includes pubs, bars, walkways, and parking spaces. Smoking on public transport and domestic flights. The use of tobacco is also banned in any car carrying a person under the age of 12.[74][75]
UK
Cigarette television advertisements were banned in 1965.
As of 2012, in England, cigarette and tobacco displays in supermarkets were banned. As such, though sale in supermarkets is not yet entirely banned, they must at least stay hidden in closed cupboards, out of sight.[76]
England met its target to reduce its adult smoking prevalence to 21% or lower by 2010.[77]
The majority of tobacco advertisements were outlawed under British jurisdiction after the Tobacco Advertising and Promotion Act 2002 was implemented.
Uruguay
The law prohibits the sale of tobacco products via vending machines, the internet, educational facilities and various other places. E-cigarettes are also prohibited.[78]
See also
- Nicotine marketing
- Electronic cigarette and e-cigarette liquid marketing
- A Frank Statement
- Cigarette filter ban[79][80]
- E-cigarette deposit-system[81]
- Operation Berkshire
- Tobacco Master Settlement Agreement
- Merchants of Doubt and 2014 film Merchants of Doubt based on the 2010 book
- WHO Framework Convention on Tobacco Control
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Further reading
- Fritschler, A. Lee; Rudder, Catherine E. (2006), Smoking and Politics (6th ed.), Pearson, ISBN 978-0131791046.
- Suing the Tobacco and Lead Pigment Industries: Government Litigation as Public Health Prescription by Donald G. Gifford. Ann Arbor, ISBN 978-0-472-11714-7
- Ashes to Ashes: America's Hundred-Year Cigarette War, the Public Health, and the Unabashed Triumph of Philip Morris by Richard Kluger (Vintage; 1st Vintage Books ed edition (July 29, 1997)) ISBN 978-0375700361
- Milov, Sarah (2021), The Cigarette: A Political History, Harvard University Press, ISBN 978-0674260313.
- Assuming the Risk: The Mavericks, the Lawyers, and the Whistle-Blowers Who Beat Big Tobacco by Michael Orey (Little, Brown and Company; 1 edition (September 7, 1999)) ISBN 978-0316664899