Can Tobacco Executives Be Held Criminally Responsible for the Tobacco-Related Deaths of their Customers?

Tobacco products kill more people than alcohol, AIDS, car accidents, illegal drugs, murders and suicides combined. The lethal consequences of smoking have been known to tobacco corporations for decades, yet they continue the manufacturing, sale and promotion of cigarettes, with full knowledge that the ordinary use of cigarettes causes death. In light of the above, we believe that it is time- arguably past time- to utilize existing criminal laws to ensure that tobacco companies and their executives face the rule of law and justice, both in the U.S. and abroad.

The suggestion that tobacco companies could face criminal liability for their actions is not unprecedented. The Massachusetts Supreme Court noted that cigarettes likely constitute “the most dangerous product lawfully sold.”[1] The Oregon Supreme Court not only discussed the “the possibility of severe criminal sanctions, both for the individual who participated and for the corporation generally,” as a result of deceptive promotion of tobacco products, but stressed that these actions could “constitute at least second-degree manslaughter.” [2]Our research suggests that an investigation could and should focus on manslaughter, criminally negligent homicide, and attempt of those crimes.

This presentation will identify and discuss the proposed criminal charges, possible defenses, states/ countries that may be amenable to taking legal action, and the cost/benefit to the prosecuting states/countries, as well as the overall aims and goals of the criminal liability project.

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[1] Evans v. Lorillard Tobacco Co., 990 N.E.2d 997, 1019 (Mass. 2013).

[2] Williams v. Philip Morris, Inc., 127 P.3d 1165, 1176-77 (2006).

Learning Areas:

Other professions or practice related to public health
Public health or related laws, regulations, standards, or guidelines
Public health or related public policy

Learning Objectives:
Discuss the feasibility of levying criminal charges against tobacco executives. Evaluate the possible defenses to these criminal charges and describe why they will not hold up in court. Identify the primary states and countries that will be targeted in an effort to convince prosecutors to open investigations.

Keyword(s): Tobacco Control, Law

Presenting author's disclosure statement:

Qualified on the content I am responsible for because: I have conducted or supervised the research behind this project, including research on federal, state and foreign tobacco control, corporate, and criminal laws. I am the Staff Attorney for Action on Smoking and Health.
Any relevant financial relationships? No

I agree to comply with the American Public Health Association Conflict of Interest and Commercial Support Guidelines, and to disclose to the participants any off-label or experimental uses of a commercial product or service discussed in my presentation.

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