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Biomedical subjects
Publications and source records attributed to R A Daynard.
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The 1998 master settlement agreement between major tobacco manufacturers and the US states will have a profound effect on many tobacco industry practices and will significantly influence future settlements with the tobacco industry. This article analyzes the settlement's key provisions pertaining to youth sales, advertising, marketing, and lobbying. It also examines the ways in which the settlement restricts industry practices as well as the many industry practices that remain unregulated.
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In recent years there has been an increasing use of litigation as a public health tool. Litigation has been brought to advance policies concerning such matters as tobacco, gun violence, and lead paint. This article discusses this development and the criticism that can be leveled at using litigation to develop public health policy. The article concludes that, although litigation may not always be successful, it can deter dangerous activities and play an important role in advancing the political and social struggle for public health.
Many persons suffer from a variety of conditions that render them particularly vulnerable to injuries caused by environmental tobacco smoke. Fortunately, the Americans With Disabilities Act may provide such patients with a legal right to a smoke-free environment. We examine herein how the act can be used by these patients, how the act works, and how physicians, who often advise such patients to seek smoke-free environments, can help their patients obtain the clean air to which they are entitled under law.
The tobacco industry's strong-arm tactics have been used consistently over many years. These tactics include: using the industry's size, wealth, and legal resources to intimidate individuals and local governmental bodies; setting up 'front groups' to make it appear that it has more allies than it really does; spending large sums of money to frame the public debate about smoking regulations around 'rights and liberty' rather than health and portraying its tobacco company adversaries as extremists; 'investing' thousands of dollars in campaign contributions to politicians; and using financial resources to influence science. These tactics are designed to produce delay, giving the nicotine cartel more time to collect even more profits at the direct expense of millions of lives around the world.
Product liability litigation can dramatize the dangers of tobacco use, stymie industry propaganda efforts, reveal nefarious industry behavior, and force price increases. Recent recognition of nicotine addiction, "discovery" documenting the industry's stonewalling campaign of more than 35 years, and favorable legal developments make future success likely. Litigation can also be used to pressure employers to provide smoke-free working environments, force retailers to obey laws prohibiting sales to minors, require tobacco companies to abandon "colonialist" Third World marketing practices, publicize the falsity of pseudoscientific industry assertions, and prevent television stations from broadcasting tobacco advertising masquerading as sports events. Even defending against harassing legal actions brought by the industry can embarrass the industry and publicly vindicate pro-health groups that oppose it.
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OBJECTIVE: To provide an overview of the class action and medical cost reimbursement suits of the third wave of tobacco litigation and to analyze their chances for success and their efficacy as a public health and cancer control strategy. METHOD/DATA SOURCES: The application of standard, predictive legal reasoning to documents from three class action lawsuits, four of the five state medical cost reimbursement lawsuits, documents from the tobacco industry, and appropriate secondary sources. CONCLUSIONS: Victory in any of the class actions would result in a transfer of costs, albeit an inefficient one, from injured smokers to the tobacco industry. Victory in any of the medical cost reimbursement suits would result in a transfer of costs from injured states forced to shoulder the economic burden of tobacco-induced illnesses to the tobacco industry. Such a transfer of costs would likely have the immediate impact of significantly lowering cigarette consumption, while the long-term effects would probably be much more devastating. Victory in at least some of the third wave cases is likely, because a number of factors promise to enable plaintiffs to overcome the previously impenetrable defenses of the tobacco industry.