With the recent decision by a federal
jury in Florida to award $145 billion to Florida smokers and their descendants, the
tobacco industry in America finds itself in a precarious position.
If it pays what appears to be an
astronomical sum, it could mean the end of the industry.
Countless jobs that have sustained families
from farm workers to executives will be eliminated. If the industry is able
to settle or get the ruling overturned, it will be fighting new court battles in other
states . . . which will probably happen in either case.
Tobacco stocks have already begun to slide
on a downward spiral. Some companies have separated their tobacco from food and other
product lines. Will this scare off investors who have taken their fair share of hits in
the stock market lately?
"But one question
that the industry
has raised which
bears some thought
but seems to have
no answer is:
Whos really at fault?" |
It certainly will if other states
begin filing suits.
The tobacco industry has stated that the
$145 billion settlement in this case is so large that, "There is probably not a
company in the world that can withstand a verdict of this size." Only time will tell
if this is a correct assessment of the situation.
The one thing that is certain is that this
represents the first volley in a long, prostrated process that has no end in sight.
The tobacco industry is in a fighting mood
and is determined to draw out the process of paying by filing appeals. Lawyers for the
plaintiffs plan to seek legal remedies that will speed up the process. With the sentiment
and momentum already shifting toward the smokers, we can expect much more tension before
the situation is completely resolved.
But one question that the industry has
raised which bears some thought but seems to have no answer is: Whos really at
fault?
Is it the industry that has confessed its
product is addictive, or is it the individual who makes the choice to smoke in spite of
the warning labels on the package?
Perhaps the Supreme Court will be the final
arbiter in the matter since the lower courts have given mixed signals. This comes only one
day before the major decision that a court in Mississippi made when it ruled in favor of
R.J. Reynolds Tobacco Company, in a suit brought by the widow of a deceased smoker.
So which court is correct?
Regardless of what happens in the near
future one thing is certain public sentiment has shifted dramatically in favor of
descendents of deceased smokers versus the industry.
Maybe all of the attention on the the
perils of smoking will convince more teenagers not to start the addictive practice of
cigarette smoking, since it can lead to an early death.
More restaurants have reserved space for
non-smokers, hotels have increased non-smoking floors, office buildings have restricted
smoking in their buildings, and airlines are prohibiting smoking . . . so the message
seems to be clearer than ever. We are moving closer to a smoke-free society.
But in the end, it may not be the courts
that make the ultimate decision.
There might come a day when smokers get
tired of standing outside in the cold because they cannot smoke in the comfort afforded by
their office, since co-workers find it offensive.
There might come a day when smokers realize
that if they can take a coast-to-coast or an intercontinental flight without smoking, they
can also do without it for longer periods of time.
There might come a time when teenagers
realize that it is not really "cool" to smoke as a means of trying to attract
attention or to impress friends.
If all else fails, maybe the government can
do what it is proposing for the countries in South America that grow drugs. Pay farmers
not to grow tobacco, and encourage them to transfer their efforts to some other industry.
The sentiment would surely be favorable and we could continue to enjoy the other food
products that the industry produces.