Please use this identifier to cite or link to this item: http://hdl.handle.net/10125/46060

Puffing Precedents: The Impact of the WHO FCTC on Tobacco Product Liability Litigation in Japan

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Title: Puffing Precedents: The Impact of the WHO FCTC on Tobacco Product Liability Litigation in Japan
Authors: Levin, Mark A.
Keywords: Japan
Japanese law
Smoking
Passive Smoking
Tobacco Control
show 4 moreFCTC
FCTC Article 19
Tobacco Products Liability Litigation
Japan Tobacco Inc.$Public Health Law

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Issue Date: Mar 2016
Publisher: Asian Journal of WTO & International Health Law and Policy
Citation: Levin, M. Puffing Precedents: The Impact of the WHO FCTC on Tobacco Product Liability Litigation in Japan. Asian Journal of WTO & International Health Law and Policy, vol. 11, no. 1, 2016.
Related To: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2741874
Abstract: This paper investigates the contours of tobacco control-related product liability litigation in Japan. While there have been several dozen smoking-related lawsuits in Japan to date, few of these have focused directly on the tobacco industry and the nation’s liability for the harms caused by tobacco consumption and exposure to tobacco smoke. Review of litigation documents in these cases reveals that the WHO FCTC has been affirmatively integrated into the civil justice discourse relating to tobacco product liability since the Treaty’s coming-into-force in February 2005. Not surprisingly, the Treaty has been primarily employed by plaintiffs’ lawyers while its significance has been downplayed or ignored by defense counsel and the courts in the proceedings. Nevertheless, the FCTC’s value in empowering plaintiffs, their legal counsel, and surrounding litigation support groups is obvious. Moreover, the Treaty’s implicit impact on judicial perceptions seems evident.
Pages/Duration: 30 pages
URI/DOI: http://hdl.handle.net/10125/46060
Appears in Collections:Levin, Mark A.



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