Suing the tobacco and lead pigment industries

About this book

"In Suing the Tobacco and Lead Pigment Industries, legal scholar Donald G. Gifford recounts the transformation of tort litigation in response to the challenge posed by victims of 21st-century public health crises who sought compensation from product manufacturers. Class action litigation promised a strategy for documenting collective harm, but an increasingly conservative judicial and political climate limited this strategy. Then, in 1995, Mississippi Attorney General Mike Moore initiated a parens patriae action on behalf of the state against cigarette manufacturers. Forty-five other states soon filed public-product liability actions, seeking compensation for the funds spent on public health crises as well as stricter regulation of harmful products." "Gifford explains that courts, through their refusal to expand traditional tort claims, have resisted litigation as a solution to product-caused public health problems, and that even if the government was to prevail, the remedy in such litigation is unlikely to be effective." "By shifting the power to regulate products and to remediate public health problems from the legislature to the state attorney general, parens patriae litigation also raises broader, more essential concerns about the appropriate allocation of powers among the branches of government." --Book Jacket.