FYI

Lagos, ERA sue tobacco firms for $21bn



By Okey Ndiribe
Posted to the Web: Thursday, May 03, 2007

LAGOS-The Lagos State Government and  Environmental Rights Action (ERA) have
filed an action at the Lagos State High Court against several big tobacco
companies seeking extensive reliefs that intend to regulate tobacco smoking
especially as it affects youth and under-aged smokers.

The claimants also sought  special, general, punitive and anticipatory
damages in the sum of $21,617,605, 885.17 (N2,702,200,735,647.17) from the
Defendants.

The Defendants in the suit are: British American Tobacco ( Nigeria) Limited,
International Tobacco Limited, British American Tobacco Plc, British
American Tobacco (Investment) Limited, Philip Morris International, and the
Tobacco Institute.
The suit was filed by the  Attorney General of Lagos State, Professor Yemi
Osinbajo (SAN) on behalf of the State Government and the Environmental
Rights Action/Friends of the Earth, Nigeria (ERA/FoEN).

In their suit, the claimants are making the following allegations: That the
defendants have recently admitted that tobacco smoking has severe health
implications including but not limited to cancer, cardiovascular and
pulmonary complications; In spite of the obvious knowledge of the adverse
effect of their product, the defendants have surreptitiously and
fraudulently targeted young and under-aged  persons in their advertising and
marketing; That through the use of market surveys and sophisticated
advertising, the defendants have utilised such means as music, cinema and
fashion, to attract and addict young and underage persons into smoking.

 ''The mandatory health warnings inscribed on the pack is ineffective as the
defendants promote a retail strategy of sale by the stick (the individual
sticks that most consumers purchase have no such warning). This retail
strategy is also a significant causal factor of youth smoking as it
encourages easy access to the products.''

''That on account of legal action, liability, and stricter control measures
in the developed world such as the United States( where big tobacco
companies and their lobby arms were mandated to pay compensatory damages of
$260 billion to State Governments for public health costs).

, the Defendants have turned their focus to the developing world with
Nigeria being a top priority. While there is a significant decline in the
smoking rates in the developed world with diminishing health concerns, in
the developing world such as Nigeria, smoking increases at least by 20%
annually. In Lagos, two (2) persons die daily in the government-run health
facilities, from tobacco related diseases.

The claimants also against the defendants, jointly and severally, the
following reliefs:
  An Order of mandatory injunction compelling the defendants, their
successors-in-title, privies and or agents to cease the marketing,
promotion, distribution and sale of tobacco-related products to minors or
under aged persons;  An Order of mandatory injunction restraining the
Defendants from representing or portraying to minors or persons under the
age of eighteen (18), any alluring and/ or misleading image regarding
tobacco related products whether by direct depictions, pictorials,
advertorials, images, words, messages, sponsorships, branding and/or through
overt or covert and/or subliminal means.

An Order of  Mandatory Injunction compelling the Defendants to publicly
disclose, disseminate, and publish all research previously conducted
directly or indirectly by themselves and their respective agents, parent or
subsidiary companies, affiliates, servants, officers, directors, employees,
and all persons acting in concert with or for   them, that relates to the
issue of smoking and health. In addition, the Claimants are seeking
cumulative damages in the sum of N 2,702,200,35,647.17. Reacting to the
filling of the suit, ERA Executive Director, Nnimmo Bassey said: the case is
a significant step in tobacco control campaign in Africa.








ERA/FoE N, Postal: P.O.Box 10577, Ugbowo, Benin City, Nigeria Tel: +234 52
467029  Mobile: +234 803 727 4395 Fax: + +234 52 602 680 eFAX:
+1-520-844-8482 & + 1-309-416-1666. Website: www.eraction.org
 -------------------------------------------------------
How long will you keep judging unfairly and favoring evil people? Be fair to
the poor and to orphans. Defend the helpless and everyone in need.Rescue the
weak and homeless from the powerful hands of heartless people. Psalm 82:2-4
(CEV)





----
Paul de Clerck
Coordinator Corporate Campaign FoE International and FoE Europe
c/o Friends of the Earth Europe
Rue Blanche 15, 1050 Brussels, Belgium
Phone: 32-2-5420180 or -5426107 (direct)
Mobile: 32-494380959
Fax: 32-2-5375596
Email: [EMAIL PROTECTED]
Skype: pauldeclerck1
----
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