[Intl-tobacco] Japan: Cancer patients lose tobacco lawsuit

[Robert Weissman]

(Mainichi Shimbun, Japan, Oct. 21, 2003)
http://mdn.mainichi.co.jp/news/20031021p2a00m0fp019000c.html

Cancer patients lose tobacco lawsuit


The Tokyo District Court on Tuesday dismissed a 60 million
yen damages suit that six cancer patients had filed against the
government and a cigarette company claiming they suffered
from the disease as a result of smoking.

While recognizing that
cigarettes are harmful
to human health, the
presiding judge
asserted the plaintiffs
could have refrained
from smoking of their
own will.

"Results of various
research activities
have proven that
smoking increases
the risk of suffering
from lung cancer and
other diseases. It's
common knowledge
among the public,"
Presiding Judge
Kikuo Asaka said as
he handed down the
ruling.

"However, there are
fewer chances of
being addicted to
cigarettes than
alcohol or illegal
drugs. Smokers can
stop smoking of their
own will."

The judge recognized that warnings against excessive
smoking on cigarette packages have been effective to a certain
extent in preventing smokers from smoking too much, and
concluded that production and sales of cigarettes is not illegal.

The plaintiffs and their lawyers criticized the ruling as being
behind the times, and are poised to appeal it to the Tokyo High
Court.

"It's a ruling that courts in the United States would have handed
down 30 years ago, and is behind the times," lawyer Yoshiro
Isayama said at a news conference following the ruling.

"Since the court recognized it is known to the public that
smoking increases the risk of suffering from diseases, it
should have ordered that cigarette packages bear stricter
warnings as in other countries. However, the court chose not to
do so. It's indeed regrettable," Isayama said.

The plaintiffs had demanded that the government, Japan
Tobacco Inc. and other defendants pay them a combined 60
million yen in compensation, that cigarette vending machines
be totally banned, that the warnings on cigarette packages be
strengthened and that all advertisements on cigarettes be
strictly prohibited.

The six plaintiffs are patients with lung and larynx cancer. Three
of them have died, and their bereaved families have since
taken over the lawsuit. The three surviving plaintiffs are aged
between 69 and 78.

In a related development, four others who claimed they suffered
from illnesses because of smoking plan to launch a damages
suit against the government and Japan Tobacco, their lawyers
said. (Mainichi Shimbun, Japan, Oct. 21, 2003)