Edward L. Sweda, JD, Tobacco Control Resource Center, 102 The Fenway, Boston, MA 02115, 617-373-8462, ed@tplp.org

Problem: For more than a quarter of a century, lawsuits have been filed on behalf of individuals who have been harmed by exposure to secondhand tobacco smoke. Plaintiffs in these cases have included: workers in smoke-filled offices; prisoners; nonsmoking parents seeking to protect their children from exposure to secondhand tobacco smoke; restaurant and bar workers; and apartment dwellers seeking to prevent the seepage of a neighbor's smoke into their residential units. Method: Having reviewed hundreds of legal cases where exposure to secondhand tobacco smoke was the basis of the lawsuit, the author has categorized and analyzed the history of these lawsuits. Results: While lawsuits based on secondhand tobacco smoke have been filed in a variety of different settings, in an increasing number of instances, individuals have achieved relief from exposure to secondhand tobacco smoke and/or monetary compensation for having been so exposed. Such lawsuits will continue to be a viable means to provide a remedy for those who have been harmed by exposure to secondhand tobacco smoke. The enhanced likelihood of the success of such lawsuits may also provide an opportunity for individuals to obtain relief from that exposure without having to sue. Proposed Action: To provide assistance to individuals who seek protection from continuing exposure to secondhand tobacco smoke.

Learning Objectives:

• To learn to what extent litigation has helped those who have been harmed by exposure to secondhand tobacco smoke and to what extent it may do so in the future.

Keywords: Smoking, Tobacco Litigation

Related Web page: www.tobacco.neu.edu

Presenting author's disclosure statement:
I do not have any significant financial interest/arrangement or affiliation with any organization/institution whose products or services are being discussed in this session.