Source: Irish Times
Contact: 1. lettersed@irishtimes.ie (backlog)

Irish tobacco firms may soon face health actions

By Kevin O'Sullivan, Environmental and Food Science Correspondent

The first cases for damages against tobacco companies in the
Republic are believed to be in preparation by individuals with
smokingrelated illnesses.

The antismoking group, ASH Ireland, has confirmed that it
has been approached by a number of people "indicating their
intention to sue the Irish tobacco industry".

ASH Ireland (Action on Smoking and Health) has an extensive
information bank on the tobacco industry and smokingrelated
issues which is available to the public. It is understood the
approaches were to avail of this resource in bringing an action.

Meanwhile, the Department of Health confirmed yesterday it
was reviewing its options following successful actions brought
by US states against the US tobacco industry.

"We have noted the outcome of US litigation. This is under
review within the Department at present," a spokesman said.

If a "class action" type case is to be brought in Ireland, similar
to the US, to recover the costs of treating people with
smokingrelated illness, the Department is considered most
likely to pursue it, according to some health boards.

ASH Ireland said: "A small number of people have recently
contacted us, indicating their intention to sue the Irish tobacco
industry. This, of course, is a matter for the individuals
concerned and ASH Ireland has no specific role."

An ASH spokeswoman added that while it would not
comment on individual cases, it was its understanding that up to
four cases were being prepared. In most instances, people
terminally ill due to a smokingrelated condition were involved.

Earlier this week, the state of Florida settled its action with US
tobacco companies for $11.3 billion. This is separate to a
$368 billion settlement in a case brought by 40 other states.

Mr Geoffrey Bible, chief executive of Philip Morris Inc, one of
the US's largest tobacco companies, admitted in a deposition in
the Florida case that 100,000 people a year may have died in
the US from cigarette smoking.

Representatives of the three cigarettemanufacturing companies
in Ireland, Gallaher Ltd, John Players and Sons and PJ Carroll
and Co, were not available for comment yesterday. However,
the spokesman for the Irish tobacco industry's representative
body said he was not aware of any case having been initiated
against the companies.

Asked if they were anticipating actions, the Irish Tobacco
Manufacturers' Association spokesman said: "That is a matter
for individual companies."

Meanwhile, a Northern Ireland based solicitor confirmed to The
Irish Times that he has initiated an action on behalf of the estate
of a deceased person believed to have died from a
smokingrelated disease.

Mr John Duffy, of McCanny & Keohane, Strabane, Co
Tyrone, said writs had been issued against PJ Carroll and
Gallaher Ltd. "We are at an early stage," Mr Duffy said, "but
writs have been issued."

In October 1996, a case brought by a 41yearold Co Down
man against Gallaher Ltd collapsed. He claimed he had
contracted a rare blood condition, Buerger's disease, as a
consequence of smoking its cigarettes from the age of 12.

In the US, many cases collapsed until it was established that
the tobacco industry was aware that nicotine was addictive and
it emerged it targeted young people in marketing its products.

Mr Duffy said his case was brought on behalf of a person who
died from Buerger's disease it causes potentially fatal
blockages of blood vessels, mainly affects young men and can
result from smoking.

In Britain, 11 health authorities confirmed in June they were
planning a joint legal action against British tobacco companies.

In July, antitobacco campaigners in Britain predicted the way
was cleared for a multibillion pound compensation battle
against British tobacco companies when 47 lung cancer victims
were given leave to bring a case against Gallahers and Imperial
for "their alleged failure to limit health risks to smokers".

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