EnglishHealth casino
Smokers get ill after spending fortunes
A smoker in New York who buys two packs of cigarettes will pay about nine dollars to the State. If he smokes 730 packs in 12 months, in the year he will pay to the State 3,285 dollars in taxes more than a non-smoker.
All over the world high taxes on cigarettes are justified by "the social cost of tobacco". In fact, it causes pathologies that afflict, or will afflict a great number of smokers. For this reason, tobacco leads to enormous medical costs, that are paid by the collectivity.
Tobacco use in the United States entails annual medical costs of more than $75 billion dollars. Who pays? Speaking of social costs, we tend to forget to make the distinction between the countries that guarantee free medical services for everyone, as in Europe, and countries where medical aid is left to the economic possibilities of the individual, as in the United States.
On the other hand, today a New York smoker who gets ill has a hope: to sue Big Tobacco for a multi-million dollar sum that will perhaps one day be paid "post mortem" to his relatives
If the smoker in New York had not been obliged to pay into the State treasury 9 dollars a day, he could have invested the same sum in a personal medical insurance policy and have the protection that he does not have, but that smokers in other countries have even paying lower taxes on their cigarettes.
Medical insurance for a young person, 23 years old, who smokes can cost from a minimum of $ 130.00 a month to a maximum of over $500.00 a month. For a person about 50 years old, theoretically more at risk of illness the minimum cost is over $ 200.00 a month.
Regardless of the charges of each company, the cost of medical insurance coverage takes up a good part of a normal salary in America, so it is not surprising that 43 million Americans out of 300 million (almost 15%) do not have medical coverage.
Moreover, according to some insurance estimates, there are at least 20 million others who are unable to keep up with their payments; they are behind but they have not yet lost their rights to coverage.
The lottery
According to Action on Smoking and Health (ASH), a 36-year old national legal-action charitable organization, entirely supported by tax-deductible contributions, "Smokers -- and the families and estates of smokers who have died -- can be awarded millions or even tens of millions of dollars in damages, especially after jurors have been shown previously-secret tobacco-industry documents."
In October 2002 a Los Angeles jury issued a $28 BILLION punitive damages award against Philip Morris, later reduced by a judge to $28 million (Betty Bullock v. Philip Morris). In 2004 a New York jury awarded $20 million in punitive damages to the widow of a smoker who died of lung cancer at the age of 57 (Gladys Frankston v. Brown and Williamson).
But, actually, successes like these against Big Tobacco are extremely rare; it is a real lottery!
The 22nd of April 2005: in California, a jury cleared Philip Morris USA of liability for the lung cancer developed by a longtime smoker of Marlboro cigarettes, rejecting arguments that the tobacco maker's products caused the man's illness. Bruce Coolidge, 51, sued the tobacco giant in 2001 after he was diagnosed with small cell lung cancer. He was seeking to recover more than $1 million in medical costs and other damages. The former truck driver, who attended in a wheelchair, accused Philip Morris of negligence and fraud for distorting the health risks and for the addictive properties of smoking.
Jurors ultimately decided unanimously that Coolidge had not proved that smoking had caused his illness.
$145 Billion "Post mortem"
July 2001, Miami - Even if they lose their appeal, the world's biggest tobacco producers predict it will take up to 75 years before Philip Morris has to pay a single penny of a $145 BILLION awarded to a group of smokers.
Dan Webb, lawyer for Philip Morris
This is the "Post mortem" payment for the smoker!
"The verdict cannot become final for decades, until after the trials of several hundreds of thousands of class members have been completed," according to Dan Webb, lawyer for Philip Morris. "It has been estimated that that could take approximately 75 years if the State of Florida makes the commitment and assigns approximately 100 judges and starts hearing the cases now," he told reporters at a news conference.
How can Big Tobacco almost always win?
It is incomprehensible how countries all over the world can permit the use in cigarettes of chemical additives that can create addiction.
Over 600 additives may be used worldwide in the manufacture of tobacco products, under an extremely loose and de-centralized regulatory framework. But, although tobacco additives are generally screened for their direct toxicity, there are virtually no studies on their toxicity when they burn, perhaps allowing exposure to over 4,000 chemicals.
April 14, 1994 - Hearing on the Regulation of Tobacco Product. The Testimony of the "7 CEOs of Big Tobacco: nicotine is not addictive"
"Philip Morris began using an ammoniated sheet material in 1965 and increased use of the sheet periodically from 1965 to 1974. This time period corresponds to the dramatic sales increase Philip Morris made from 1965 to 1974." RJReynolds 1992, Minn Trial exhibit 13141. In this field consumer protection seems inactive and though tobacco is a food product under the law, there is no way to know what ingredients are included in a brand. On this basis, how can Big Tobacco pratically always win today?
Roulette for losers
An ill smoker who, after disbursing great sums of money, does not receive assistance to cure himself, should launch himself into a legal suit with an uncertain outcome; it is like a lottery, which, if it is successful, will oblige Big Tobacco to pay out fabulous sums.
But the beneficiary of these hypothetical sums has already been ill for some time. Any "great win" would probably be a virtual post mortem success.
Once again, the only mechanisms that seem absolutely indisputable and that always operate flawlessly are the cash registers of the cigarette manufacturers and of the State revenue offices.
More info
- Big Tobacco - Ammonia technology
- Jury awards record $145 billion US to smokers - CBS News, 11/10/ 2000
- Action on Smoking and health - Ash.org
Smoking tobacco is dangerous to your health. People should be informed by the issues about smoking. To spread this information to a wider audience, a free e-book is being given away. The book is endorsed by prominent people, such as Dalai Lama. You can check out the e-book by going to this link