[Intl-tobacco] Anti-smokers' Suit Quashed By Court (fwd)

[Robert Weissman]

Anti-smokers' Suit Quashed By Court
Tobacco companies win a break from the courts.
Source: The Age, Tuesday, 3/14/00

A multi-million-dollar lawsuit against three tobacco giants was thrown out
of court yesterday - but anti-smoking crusaders have vowed to continue
their battle.

 The full bench of the Federal Court threw out the claim against Philip
Morris, WD and HO Wills and Rothmans on a technicality, agreeing with the
companies' appeal that the class action did not comply with court rules.

 The companies welcomed the decision and said attempts to further control
the Australian tobacco industry was an abuse of process.

 But anti-smoking campaigners described the ruling as a temporary setback,
and called on the Government to set up a fighting fund for litigants using
income from cigarette taxes.

 "We want to see the Government set up a foundation using some of the tax
revenue they're getting from cigarettes and provide a fighting fund so
individuals can go and get legal funding to fight their individual cases,"
the president of the Non-Smokers Movement of Australia, Mr Brian McBride,
said.

 He said it was sad the case was thrown out on a technicality.

 "The underlying message here is the need to push governments to take
necessary action to end misleading and deceptive practices of tobacco
companies," he said.

 The class action was filed by six claimants last year on behalf of
hundreds of Australians who had suffered ill health from smoking.

 The litigants had claimed the companies breached the Trade Practices Act
with misleading and deceptive conduct and negligence and that they had
contracted lung cancer as a result of the companies' actions.

 Mr Andrew Grech, of solicitors Slater and Gordon, representing those
bringing the case, said the companies had only managed to "inflict flesh
wounds".

 "This is not going to stop the case going on," Mr Grech said outside the
court.

 Meanwhile, British American Tobacco Australasia - owner of Rothmans and
WD and HO Wills - and Philip Morris welcomed the decision.

A British American Tobacco Australasia spokesman, Mr Brendan Brady, said
the class action consumed considerable court time and was expensive for
the applicants.

 "Australia has one of the most regulated tobacco markets in the world.
Seeking to further regulate and control the industry through the courts is
an abuse of process and unnecessary," he said.

 A Philip Morris spokeswoman, Ms Nerida White, said the court's decision
confirmed the company's belief that class actions were inappropriate.

 Ms White said every smoker was unique, smoking different products at
different times in different quantities and for different lengths of time.

 Slater and Gordon will study the Federal Court ruling before deciding
whether to appeal to the High Court.