Back to Annual Meeting Page		American Public Health Association 133rd Annual Meeting & Exposition December 10-14, 2005 Philadelphia, PA

Abstract #106773

Jess Alderman, MD, JD and Richard A. Daynard, JD, PhD. School of Law, Northeastern University, 400 Huntington Avenue, Boston, MA 02115, (617) 373-7845, jess@tplp.org

The history of tobacco litigation provides a model to evaluate potential litigation strategies against other industries that pose a threat to public health, particularly the food industry. We conducted a survey of tobacco litigation, including internal industry documents. Based on the differences and similarities between the tobacco and food industries, we predicted the effectiveness of particular kinds of obesity litigation and the food industry's likely response. The tobacco industry has vigorously fought individual injury lawsuits and has had remarkable success in resisting such cases. The food industry is likely to successfully employ a similar “scorched earth” litigation strategy in individual injury cases. However, the tobacco industry did agree to a Master Settlement Agreement in the state attorneys general's lawsuits because it was a unique kind of litigation with a finite number of plaintiffs. Likewise, state lawsuits under consumer protection acts may be a distinct type of litigation and therefore be a useful tool to fight obesity and enlist the efforts of the food industry in resisting the epidemic. Studying tobacco litigation is a very useful way to evaluate potential lawsuits against other industries that are a threat to the public health.

Learning Objectives:

Students will (
• learn about the rationales and types of relevant litigation, (
• appreciate the extent to which this is analogous to tobacco litigation, and (
• develop arguments to rebut criticisms based on "personal responsibility".

Keywords: Obesity,

Presenting author's disclosure statement:

I wish to disclose that I have NO financial interests or other relationship with the manufactures of commercial products, suppliers of commercial services or commercial supporters.

Recorded presentation