Back to Annual Meeting

Back to Annual Meeting

APHA Scientific Session and Event Listing

Sara D. Guardino, JD and Richard A. Daynard, JD, PhD. Tobacco Control Resource Center, Northeastern University School of Law, 102 The Fenway, Cushing Hall Suite 117, Boston, MA 02115, 617-373-2026, sara@tplp.org

Despite its obligation to do so, the tobacco industry failed to research the actual dangers of its products and to disseminate the results of such research to the public health and medical communities. The industry lawyer's role in these actions was investigated with a focus on lawyers' direction of in-house scientific research, misuse of attorney-client privilege, document destruction, and “scorched earth” litigation tactics. Our research focused on previously secret tobacco industry documents as well as court transcripts, legal cases, and law review and journal articles. We found that industry lawyers have engaged in activities having little or nothing to do with the practice of law, including gauging and attempting to influence company scientists' beliefs, vetting in-house scientific research, and prohibiting scientists from publishing potentially damaging results. These tactics have prevented the public health and medical communities from learning the truth about smoking's dangers. Additionally, company lawyers have improperly invoked the attorney-client privilege to protect sensitive documents, directed the destruction of such documents, and employed “scorched earth” litigation tactics when the industry has been sued by smokers or their families. Such actions have made suits against the industry so difficult that most plaintiffs are compelled to drop their cases before trial, thus severely weakening litigation's ability to change industry policy in favor of public health. In summary, tobacco-related diseases have proliferated due in part to the role of the industry lawyer, necessitating stricter professional oversight to ensure that this trend does not continue.

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

(
• Recognize the role that tobacco industry lawyers have played in the proliferation of smoking-related diseases; and (
• Articulate the need for greater oversight over industry lawyers so that they will not be able to continue aiding the tobacco companies in hiding the truth about smoking and health.

Keywords: Tobacco Litigation, Ethics

Presenting author's disclosure statement:

Any relevant financial relationships? No