Pictorial warnings on cigarette packets: where is it leading to?

by Dhaneshi Yatawara

Health Minister Maithripala Sirisena said that he will insist on the use of pictorial warnings on cigarette packets.

The Supreme Court earlier ordered the Ceylon Tobacco Company (CTC) to display pictorial warnings on 60 percent of the surface of a packet of cigarettes from January 1, 2014. The Health Minister is of the view that this has to increased to 80 percent covering the outer cover of the cigarette pack.

When Sri Lanka is fighting to protect the non-smoking public and preventing new addictions the US legal system supported a widow of a deceased chain smoker to win a case against a multi mullion tobacco giant. The case is one of thousands filed in Florida after the State Supreme Court in 2006 tossed out a $145 billion class action verdict.

Cynthia Robinson, the wife of the chain smoker who died of lung cancer received more than 23 billion US dollars in punitive damages in a lawsuit filed by the widow. Robinson's husband died of lung cancer in 1996.

The damages a Pensacola jury awarded Friday to Cynthia Robinson after a four-week trial come in addition to $16.8 million in compensatory damages.

Robinson individually sued Reynolds in 2008 on behalf of her late husband, Michael Johnson Sr. Her attorneys said the punitive damages are the largest of any individual case stemming from the original class action lawsuit.

Last year, Florida's highest court re-approved that decision, which made it easier for sick smokers or their survivors to pursue lawsuits against tobacco companies without having to prove to the court again that Big Tobacco knowingly sold dangerous products and hid the hazards of cigarette smoking.

It is actually like a message to say that tobacco cannot continue to lie to the American people and the American government about the addictiveness of and the deadly chemicals in their cigarettes.

What is the situation in Sri Lanka? Can the Sri Lankan citizens sue against tobacco companies for fooling them? According to legal experts that category of laws and regulations to protect consumer rights need to be strengthened. "The important fact is that people need to come up and file against companies if they feel they have been misled," said Bashini Hettiarachchi, an Attorney-at-Law of the Sri Lanka Medical Council and who is actively involved in strengthening the anti-tobacco concepts in Sri Lanka.

"It has been a practice of our country to expect everything from the government. But there is a huge responsibility that lies with the public too. They are at a good position to put pressure on the parliament to change these laws. In fact it's the people who elect people to Parliament," Hettiarachchi said.

Creating such an environment is not solely the responsibility of the country's legislature. "There are new goods coming in to the market considering tobacco and cigarettes. Lately I saw something similar to electronic cigarettes in the market that can go up to 100 puffs. Such new stuff is added to this addiction," she said explaining how this trade varies with time.

As she further explained political support and strong legal system helps but the strength in stopping something like this lies with the people. "If people feel that they are hoodwinked by businessmen they must take legal action.

A case filed in courts would be the most effective way to get the attention of jurists, judges and law makers," she explained.

"US has set a good example but Sri Lanka do not have to go to US for examples. India has a strong public litigation system," she added.

Consumer awareness will help avert the dangers of consuming tobacco.. The knowledgeable consumer cannot be hoodwinked by tobacco companies.