Tobacco.org

DUNBAR: Danger! Risk of lawsuits 

It appears that a surprising lawsuit involving a cigarette company and a man who fell asleep while smoking may become the cause of more warning labels on cigarette packages (Tobacco Firm Loses Round In Lawsuit Over Fatal Fire -- March 29).

We can now look forward to a cigarette label that will join this collection:

Superman costume: Warning, cape does not enable wearer to fly.

Fire log: Caution, risk of fire.

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EDITORIAL: A cigarette's risks 

Judge Cumming did not pass judgment on the allegations. He merely said the arguments -- that cigarettes have a design defect, and that "manufacturers have deliberately designed the product in such a way as to cause misuse" -- are reasonable enough to merit a further hearing. His conclusion was itself reasonable. The sequel should be fascinating.

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• Tobacco firm loses round in lawsuit over fatal fire 

The families of three young people who burned to death in a fire caused by careless smoking have won a major victory against a tobacco company that failed to make a cigarette that puts itself out.

An Ontario judge recently rejected a legal manoeuvre by Imperial Tobacco Canada Ltd. to throw out the survivors' class-action lawsuit on the basis that it lacked sufficient legal grounding.

Mr. Justice Peter Cumming of the Ontario Superior Court said instead that it was plausible to argue that the company sold a product it chose not to make safer.

"It is arguable that by enhancing the addictive features of the product, they encourage obsessive use that leads to people smoking when they are weary, unwell or likely to fall asleep," he said. "The pertinent issue is whether, notwithstanding the notoriety of the risks of misuse, manufacturers have deliberately designed the product in such a way as to cause misuse."

His ruling means that the lawsuit, launched by the Ragoonanan and Baboolal families, can move forward to the next pretrial stage: certification as a valid class action, suitable for trial.

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It is arguable that by enhancing the addictive features of the product, [cigarette manufacturers] encourage obsessive use that leads to people smoking when they are weary, unwell or likely to fall asleep. The pertinent issue is whether, notwithstanding the notoriety of the risks of misuse, manufacturers have deliberately designed the product in such a way as to cause misuse.
Mr. Justice Peter Cumming of the Ontario Superior Court, who has allowed the Ragoonanan/Baboolal fire-safe cigarette case to move forward. MAKIN, K., <I>Tobacco firm loses round in lawsuit over fatal fire</I>