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The European Journal of Public Health 2001 11(2):201-205; doi:10.1093/eurpub/11.2.201
© 2001 by European Journal of Public Health
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TOBACCO

litigation on Behalf of victims of exposure to environmental tobacco smoke: the experience from the USA

E. L. SWEDA, Jr1

1Tobacco Control Resource Center, Northeastern University School of Law Boston, Massachusetts

Correspondence: Edward L. Sweda Jr., JD., Tobacco Control Resource Center 117 Cushing Hall, 102 the Fenway, Boston, Massachusetts USA 02115–5000, tel +1 617 373 8462, fax +1 617 373 3672

Background: For a quarter of a century, lawsuits have been filed on behalf of individuals who have been harmed by exposure to environmental tobacco smoke (ETS). Methods: A review of hundreds of legal cases where exposure to ETS was the basis for the lawsuit was undertaken. The history of ETS-based lawsuits was categorised and analysed. Results: While ETS-based lawsuits have arisen in a variety of divergent settings, there have been an increasing number of instances in which individuals have achieved relief from exposure to ETS and or monetary compensation for having been so exposed. Such successful outcomes make it easier for others to achieve similar results through litigation. Conclusion: Lawsuits will probably continue to be a viable remedy in assisting those being harmed by exposure to ETS, both inside and outside the USA.

Keywords: environmental tobacco smoke, litigation, smoking


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