HOME HELP FEEDBACK SUBSCRIPTIONS ARCHIVE SEARCH TABLE OF CONTENTS REGISTER		Author Keyword(s) Vol Page [Advanced]

This Article Full Text Full Text (PDF) Submit a response Alert me when this article is cited Alert me when eLetters are posted Alert me if a correction is posted Citation Map Services Email this link to a friend Similar articles in this journal Similar articles in PubMed Add article to my folders Download to citation manager Request Permissions Citing Articles Citing Articles via Google Scholar Google Scholar Articles by Flores, M L Articles by Pérez-Stable, E J Search for Related Content PubMed PubMed Citation Articles by Flores, M L Articles by Pérez-Stable, E J

Litigation in Argentina: challenging the tobacco industry

¹ Division of General Internal Medicine, Department of Medicine, Medical Effectiveness Research Center for Diverse Populations, University of California, San Francisco, San Francisco, California, USA
² Programa de Medicina Interna General, Hospital de Clinicas, Universidad de Buenos Aires, Buenos Aires, Argentina
³ Consejo Nacional de Investigaciones Científicas y Técnicas (CONICET), Buenos Aires
⁴ Unidad de Cirugía Cardiovascular de Guatemala, Guatemala

Correspondence to:
Eliseo J Pérez-Stable
MD, 3333 California Street, Suite 335, San Francisco, CA 94143-0856, USA; eliseops{at}medicine.ucsf.edu

Objective: To evaluate the processes and outcomes of tobacco litigation in Argentina and to analyse the strategies of the tobacco industry to oppose litigation using tobacco industry documents.

Methods: A systematic search of tobacco industry documents on the internet dating from 1978 to 2002. Law library searches using Argentinean official and unofficial reports systems were combined with computerised online searches.

Results: There have been at least 15 failed litigation cases in Argentina and the tobacco industry presented a concerted defence in every claim regardless of cost. We categorised 11 cases as product liability and nicotine addiction, two as health care reimbursement, and two as criminal law and secondhand smoke. Industry strategies included hiring legal consultants from prestigious international and Argentinean law firms and developing litigation prevention programmes. Industry monitored legal academic meetings, controlled the development of new product liability legislation, obtained favourable opinions from experts, and closely observed the development of litigation in Argentina.

Conclusion: The strategies used by the industry have been successful in preventing recovery for tobacco injuries through litigation. Argentinean health advocates and lawyers need to be aware of the roles and strategies of the tobacco industry in order to develop effective litigation in Argentina.

Abbreviations: BAT, British American Tobacco; ETS, environmental tobacco smoke; PM, Philip Morris International; SHS, secondhand smoke

Keywords: Latin America; policy; litigation