Litigation

Litigation is recognised as an important tobacco control tool.

One of the guiding principles of the Framework Convention on Tobacco Control [PDF 195 KB] is that:

• "Issues relating to liability, as determined by each Party within its jurisdiction, are an important part of comprehensive tobacco control". Article 19 requires Parties to " consider taking legislative action or promoting their existing laws, where necessary, to deal with criminal and civil liability, including compensation where appropriate".

Litigation against the tobacco industry

Litigation against the tobacco industry is acknowledged as a tobacco control strategy. Litigation holds the promise of exposing the tobacco industry's conduct, and requiring the tobacco industry to pay compensation for the harm its conduct has caused, and change its future conduct.

Second-hand smoke litigation

Litigation over the harms caused by exposure to second-hand smoke has been successful in Australia. The success of such cases has played an important part in the move towards smokefree workplaces and public places.