ArticleJournal of public health (Oxford, England)2016
The role of public law-based litigation in tobacco companies' strategies in high-income, FCTC ratifying countries, 2004-14.
Article in Journal of public health (Oxford, England), 2016. The graph could read no effect estimate from its abstract, so it casts no vote on the map. Cited by 13 papers.
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Who cites it
13 citing papers in PubMed, 23 citations in OpenAlex.
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- The impact of the WHO Framework Convention on Tobacco Control in defending legal challenges to tobacco control measures.Tobacco control · 2019Article
- Legal capacities required for prevention and control of noncommunicable diseases.Bulletin of the World Health Organization · 2019Article
- Tobacco control law implementation in a middle-income country: Transnational tobacco control network overcoming tobacco industry opposition in Colombia.Global public health · 2018Article
- Regulatory chills: tobacco industry legal threats and the politics of tobacco standardised packaging in New Zealand.The New Zealand medical journal · 2018Article
- "Enemies of the People?" Public Health in the Era of Populist Politics Comment on "The Rise of Post-truth Populism in Pluralist Liberal Democracies: Challenges for Health Policy".International journal of health policy and management · 2017Article
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- The Policy Dystopia Model: An Interpretive Analysis of Tobacco Industry Political Activity.PLoS medicine · 2016Article
- WHO Framework Convention on Tobacco Control Learnings.Health securityArticle
Corrections and comments
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Authors and funding
4 authors at 4 institutions in 1 country.
Funding
Abstract
backgroundTobacco companies use a host of strategies to undermine public health efforts directed to reduce and eliminate smoking. The success, failure and trends in domestic litigation used by tobacco companies to undermine tobacco control are not well understood, with commentators often assuming disputes are trade related or international in nature. We analyse domestic legal disputes involving tobacco companies and public health actors in high-income countries across the last decade to ascertain the types of action and the success or failure of cases, develop effective responses.
methodsWorldLii, a publicly available online law repository, was used to identify domestic court cases involving tobacco companies from 2004 to 2014, while outcome data from LexisNexis and Westlaw databases were used to identify appeals and trace case history.
resultsWe identified six domestic cases in the UK, Australia and Canada, noting that the tobacco industry won only one of six cases; a win later usurped by legislative reform and a further court case. Nevertheless, we found cases involve significant resource costs for governments, often progressing across multiple jurisdictional levels. DISCUSSION: We suggest that, in light of our results, while litigation takes up significant time and incurs legal costs for health ministries, policymakers must robustly fend off suggestions that litigation wastes taxpayers' money, pointing to the good prospects of winning such legal battles.
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Read under generation 80e0d062 · epoch 390. Bibliography from PubMed, PubMed Central and OpenAlex; grants from NIH RePORTER; trial links from ClinicalTrials.gov; estimates, votes and beliefs from the OpenQuestion graph.