[Intl-tobacco] State to sue Irish tobacco companies (fwd)

[Robert Weissman]

State to sue Irish tobacco companies
by RALPH RIEGEL =20
Source: Irish Independent, Sunday, 3/12/00

THE STATE is to launch a multi-million-pound law suit against Irish
tobacco giants, including Gallahers, over smoking-related cancers.

 The D=E1il's Health & Children's Committee will next week seek permission
from the Minister for Health, Miche=E1l Martin, to appoint a leading Dublin
law firm and senior counsel to prepare for the action.

 Initially, the committee wants legal advice on how to proceed with a
dramatically expanded probe into the 40-year operation of the Irish
tobacco industry.

 However, committee members are confident that, following legal advice, a
major law suit can be lodged, similar to those under way in the US and
Europe.

 The world's largest tobacco firm, Philip Morris, faces potentially the
world's most expensive personal injury law suit.

 The D=E1il committee, led by Cork TD Batt O'Keeffe (FF), has already been
given the powers of compellability following a major investigation into
the tobacco industry ordered by Minister Martin.

 However, the committee is now demanding the appointment of a leading
legal firm because of fears that the compellability power could cause them
to be ``swamped with enough documentation to keep us in hearings for five
years''.

 Deputy O'Keeffe argued that the law suit could be avoided if Irish
tobacco firms voluntarily accept the health implications of their product
sales, and offer the state substantial payments.

 The Irish health system now spends over =A3700m per annum on tobacco-linke=
d
illnesses, and the D=E1il committee is determined that tobacco firms must
now underwrite these costs.

 These payments, Deputy O'Keeffe argued, could then be used to pay for
expanded health promotion campaigns and to subsidise hospital services
required by those suffering from smoking-related illnesses such as lung
cancer. ``It's very interesting because we already have a lot of the
documentation relating to the US cases. The same is now happening in the
UK,'' Deputy O'Keeffe declared.

 ``Gallahers have already indicated they will be making material available
via the Internet, and what we want to determine is if all their archival
data has now been scanned into a so-called electronic warehouse,'' he
added.

 ``The US litigation has shown that as far back as 1957, the tobacco
industry was aware that smoking could be harmful. There was also evidence
that various tobacco companies tried to hide that information,'' the Cork
TD warned.

 Tobacco firms including Gallahers have vehemently denied claims that they
used flavour-enhancers or sweeteners to lure young smokers into addictive
habits.

 It is understood that, like Philip Morris in the US, Irish tobacco firms
will vigorously contest any legal action.