Ground-breaking anti-tobacco suit opens in France (fwd)

[Robert Weissman <rob@essential.org>]

Ground-breaking anti-tobacco suit opens in France
Source: Reuters, Wednesday, 9/8/99

01:26 p.m Sep 08, 1999 Eastern

MONTARGIS, France, Sept 8 (Reuters) - A court on Wednesday started hearing
a damages suit against national cigarette maker Seita filed by the family
of a heavy smoker who died of cancer nine months ago.

It is the first anti-tobacco case involving an individual in French legal
history.

Richard Gourlain, who used to smoke three packets of non-filter Gauloises
cigarettes a day, lodged the complaint against Seita in December 1996
after he was diagnosed as suffering from cancer.

His family decided to pursue the case after his death and are seeking 2.7
million francs ($436,900) in damages, accusing Seita of failing to warn
people soon enough about the dangers of smoking and for producing a
dangerous, addictive product.

French state health insurer, Caisse Primaire d'Assurance Maladie, has
joined forces with the plaintiffs and is demanding 977,396.07 francs in
damages to cover the costs of treating Gourlain, who was 50 when he died.

The trial is being held in the central French town of Montargis and it was
not clear how long it would last.

Seita, which was privatised in 1995 and produces the famous Gauloise
brand, said in a statement it was confident it would win the case.

``The risks (of smoking) have been known for several decades,'' the
company said. ``Seita has never denied that tobacco is a risk factor for
health.''

Earlier this year a French health insurance fund filed a 51.33 million
franc lawsuit against four cigarette companies, including Seita, to cover
the estimated cost of the treatment of illnesses linked to cigarette
smoking.

The suit also called for an annual fund of 23.6 million francs from the
four firms because ``tobacco products do not offer the kind of safety one
could legitimately expect.''

REUTERS

($1-6.179 French Franc)