International Tobacco Litigation’s Evolution as a United States Torts Law Export: To Canada and Beyond?

27 Pages Posted: 28 Oct 2010 Last revised: 13 Feb 2011

Richard L. Cupp Jr.

Pepperdine University School of Law

Date Written: 2010

Abstract

In the late 1990’s, the states’ healthcare reimbursement lawsuits against the tobacco industry were settled for approximately $246 billion. In the wake of this enormous settlement, many similar lawsuits were initiated in other nations or by other nations. Most of these early healthcare reimbursement lawsuits failed. However, in 2005, the World Health Organization Framework Convention on Tobacco Control was finalized by over 150 nations, and today has been ratified by 168 nations. The Framework encourages nations to consider tort litigation against tobacco sellers as a way to limit tobacco usage. Canada’s provinces have been particularly aggressive in seeking to use healthcare reimbursement lawsuits inspired by the United States litigation as a tool for tobacco control. This Article considers ways in which United States-style litigation against tobacco companies might be both helpful and hurtful for other nations.

Keywords: Tort, Tobacco, United States, Canada, World Health Organization, WHO, Framework Convention on Tobacco Control, Litigation, Settlement, Expensive, International, Lawsuits, Healthcare, Foreign

Suggested Citation

Cupp, Richard L., International Tobacco Litigation’s Evolution as a United States Torts Law Export: To Canada and Beyond? (2010). Pepperdine Law Review, Vol. 38, P. 283, 2011; Pepperdine University Legal Studies Research Paper No. 2010/19. Available at SSRN: https://ssrn.com/abstract=1699006

R.L. Cupp Jr. (Contact Author)

Pepperdine University School of Law ( email )

24255 Pacific Coast Highway
Malibu, CA 90263
United States
(310) 506-4658 (Phone)

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