Exclusive: Former barrister who helped legally establish that secondhand smoke causes lung cancer argues states could seek up to $50bn in compensation
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Australian state governments could sue tobacco companies for billions in public hospital and healthcare costs, under a proposal developed by a former barrister who helped legally establish that secondhand smoke causes lung cancer.
The South Australian government is formally seeking advice on the proposal, while other states are reviewing it.
Authored by Sydney Health Law research affiliate Neil Francey, the proposal argues the states could file proceedings in the federal court seeking up to $50bn in compensation for health costs, and to fund cancer screening programs and prevention measures.
It targets the dominant tobacco companies in Australia – British American Tobacco (BAT), Philip Morris and Imperial Brands – and their parent corporations overseas.
Francey is presenting the blueprint at the Clinical Oncology Society of Australia’s annual scientific meeting in Sydney on Thursday, arguing the companies could be held liable for decades of misleading and deceptive conduct under Australian consumer law.
He has also briefed state government MPs. Under the plan, the six state governments would pool their resources to set up a dedicated, joint legal taskforce to run the case.
