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

Abstract #114588

Sara D. Guardino, JD¹, Richard A. Daynard, JD, PhD², and Lissy C. Friedman, JD¹. (1) Northeastern University School of Law, Tobacco Control Resource Center, 102 The Fenway, Cushing Hall Suite 117, Boston, MA 02115, 617-373-8494, sara@tplp.org, (2) School of Law, Northeastern University, 400 Huntington Avenue, Boston, MA 02115

For years, the tobacco companies have developed and executed document “retention” policies that actually encourage destruction of internal documents. Many of the documents destroyed under these policies contained the results of scientific research, conducted under the companies' direction and scrutiny, regarding smoking's addictive nature and its link to disease. Had the companies not destroyed these documents, the public health community may have gained crucial knowledge about smoking's dangers much earlier than it did. This could have resulted in lower morbidity and mortality rates among smokers and potential smokers. Instead, the companies' document destruction tactics prevented public knowledge while insulating the companies from liability and allowing them to continue marketing their deadly products without recourse. Although smoking's addictive nature and link to disease now are well-established, the tobacco industry's position on issues such as secondhand smoke and “light” cigarettes still is contrary to the public health community's. To protect the public's access to crucial information on these and other health-related topics that currently may be in tobacco company hands, adequate penalties must be in place for those companies that destroy documents with the goal of protecting their interests in litigation. Because the penalties that courts generally impose may not serve as adequate deterrents, this presentation will propose the imposition of independent civil and criminal liability on companies that destroy documents.

Learning Objectives: At the conclusion of the session, attendees will be able to

• Recognize the public health community’s need for access to internal tobacco industry documents, especially those related to secondhand smoke and “light” cigarettes.
• Articulate and advocate in public policy debates that deterring future tobacco industry document destruction through court-ordered penalties will promote public health.

Keywords: Cancer Prevention, Public Health Policy

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.