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Tobacco Control and the Role of Litigation: A Survey of Issues in Law, Policy, and Economics

46 Pages Posted: 17 Apr 2008 Last revised: 9 Oct 2012

Basil C. Bitas

Singapore Management University - School of Law

Pedro P. Barros

Universidade Nova de Lisboa

Date Written: August 2008

Abstract

This article examines the course of tobacco litigation in the United States and its implications for law and policy in the future, both in the U.S. and internationally. In our view, the different legal traditions and attitudes of other countries when applied to the current balance achieved in the U.S. through a mix of litigation, settlement, and regulation will lead the majority of such states to opt for the direct and transparent regulation of tobacco activities through formal and perhaps consensual channels, thereby bypassing the long and costly stage of litigation that characterized the U.S. process. Therefore, despite some increased litigation in the product liability area as a whole, the approach to tobacco control on the international level is likely to be characterized by the continuing, and, indeed, increased reliance on direct regulation rather than on ad hoc litigation, the efficiencies of the former approach having now become evident.

Keywords: Tobacco litigation, tobacco regulation

JEL Classification: L59, K33

Suggested Citation

Bitas, Basil C. and Barros, Pedro P., Tobacco Control and the Role of Litigation: A Survey of Issues in Law, Policy, and Economics (August 2008). Available at SSRN: https://ssrn.com/abstract=1121000 or http://dx.doi.org/10.2139/ssrn.1121000

Basil C. Bitas (Contact Author)

Singapore Management University - School of Law ( email )

55 Armenian Street
Singapore, 179943
Singapore

Pedro Luis Pita Barros

Universidade Nova de Lisboa ( email )

Campus de Campolide
Lisboa, 1099-032
Portugal
+351 21 383 3624 (Phone)
+351 21 388 6073 (Fax)

HOME PAGE: http://ppbarros.fe.unl.pt

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