[Intl-tobacco] Japanese court rejects smokers' claim against government

[Robert Weissman]

October 21, 2003
Japanese court rejects smokers' claim against government, tobacco firm
Associated Foreign Press


TOKYO (AFP) - A Japanese court rejected a claim for damages by six
smokers who said
the government and its majority-owned Japan Tobacco had failed in their
duty to
inform them of the dangers of smoking. In the first case of its kind in
Japan, the
Tokyo District Court ruled Tuesday that smoking was a personal choice
and smokers
could kick the habit if they had the willpower. "Quitting is possible with
willpower and effort on the part of smokers," said presiding judge Kikuo Asaka.
"The harmful nature of tobacco is common knowledge. People choose
whether to
smoke."

"Warning statements on tobacco packages work," he said, adding that
tobacco was not
as addictive as alcohol and other chemicals. Japanese courts have previously
rejected claims brought by smokers against JT dealing with the addictive
nature of
smoking, but Tuesday's ruling was the first case brought by smokers
addressing the
link to serious disease.

The case was filed in 1998 by six men who had developed illnesses
including cancer
and emphysema after smoking for between 33 and 50 years. Three have
since died.
They claimed the government and Japan Tobacco Inc. (JT), which is 64.5
percent-owned by the government, were aware of the harmful effects of
smoking and
failed to put warnings on cigarette packets that smoking is addictive
and about the
risks of cancer and heart disease.

Health warnings were introduced on cigarette packets in Japan in 1972
but are still
coy compared to those in Europe or North America, saying only: "Be
careful about
smoking too much because there are fears that this can harm your
health." The
plaintiffs asked for 10 million yen (91,000 dollars) each in
compensation. JT
argued that there was no proven causal link between smoking and cancer
or other
serious diseases.

"We recognise that smoking is a (health) risk factor. But we have been
also saying
there has not been any conclusive scientific evidence directly linking
smoking and
cancer and serious illnesses," a JT spokeswoman said.


The plaintiffs and their lawyers were angry at the ruling and said they would
appeal.

The logic behind the decision was antiquated, lawyer Yoshio Isayama told
a press
conference. "The decision is 30 years behind Europe and the United
States. It is
significantly behind the understanding of the rest of the world,"
Isayama said.
Experts from the World Health Organisation declared in 1978 that
"smoking is a
major cause of ill-health and premature death; but this is avoidable by
giving up
smoking or not smoking at all." US courts have awarded massive punitive
damages in
class-action lawsuits against tobacco companies in a string of
high-profile cases.

One of the Japanese plaintiffs, Matao Yamamoto, 69, needs special
equipment to help
him breathe because he suffers from pulmonary emphysema -- damaged or
destroyed air
sacs in the lungs. He said the sale of tobacco must be banned. "What's
done about
my health cannot be undone. But I wanted to see a decision that would
ban sales of
tobacco to children who will become adults and young women who will bear children,"
he said. "Why do we not seek the responsibility of the vendor of harmful products
in a constitutional state? I am angered by this," said the son of a
plaintiff who
died in July.

JT issued a brief statement after the decision, only saying: "We believe
our claims
have been recognised." The health ministry declined to comment
immediately. Japan
has one of the world's highest rates of tobacco consumption. According
to JT, 49.1
percent of Japanese men and 14.0 percent of women smoked in 2002.