CCS criticizes tobacco lawsuit settlement for missing smoking reduction measures

CCS urges changes to a $32.5bn settlement, stating it doesn't address smoking reduction efforts

CCS criticizes tobacco lawsuit settlement for missing smoking reduction measures

The Canadian Cancer Society (CCS) is voicing strong criticism of a proposed settlement regarding tobacco lawsuits announced on Thursday.  

According to CCS, the settlement fails to include necessary measures to reduce smoking, which they consider a critical omission. 

The settlement involves the creation of a Foundation, independent of the government, with $1bn in long-term funding. CCS has previously supported the idea of such a Foundation.  

However, the scope of the Foundation is limited, as it will not be able to engage in tobacco reduction activities such as smoking cessation initiatives, awareness campaigns, or public health programs. 

Instead, its focus is restricted to funding research aimed at improving the diagnosis and treatment of tobacco-related diseases

Rob Cunningham, a lawyer for CCS, expressed dissatisfaction with the proposed settlement, stating, “The approach in the proposed settlement falls massively short and fails to protect the future health of Canadians properly.”  

Cunningham questioned the justification of this approach, highlighting that millions of Canadians continue to smoke annually, with tobacco being the leading cause of cancer-related deaths.  

He further emphasized, “This settlement fails to support public health efforts to reduce smoking.” 

The settlement includes $32.5bn in payments, of which $24.7bn will go to provinces and territories, $4.1bn to the Quebec class action plaintiffs, $2.5bn to compensate individuals outside Quebec, and $1bn to the Foundation.  

This sum is considerably less than the more than $500bn originally sought by provinces in the lawsuits. 

While CCS supports the compensation provided to both the Quebec class action plaintiffs and other individuals, the organization remains critical of the settlement's lack of focus on reducing tobacco use. 

The tobacco industry, according to CCS, has engaged in deceitful practices over the years, causing significant harm to Canadians and the healthcare system.  

Tobacco use remains the leading cause of disease and death in Canada, responsible for 46,000 deaths annually.  

Data from 2023 reveals that 3.6 million Canadians, or 11.4 percent of adults aged 18 and over, still smoke. 

Cunningham further criticized the settlement, stating, “Without investing in significant measures to reduce tobacco use, this proposed settlement misses the very intention of the lawsuits in the first place, which is to curtail the damages caused by the tobacco industry.” 

He added that the ongoing health crisis caused by the tobacco industry requires immediate attention, which the settlement fails to address. 

In contrast, similar lawsuits in the United States, settled in the late 1990s, resulted in US$245.5bn in settlements.  

These US settlements also led to the disclosure of over 40 million previously secret tobacco industry documents, the introduction of new marketing restrictions, and the establishment of a foundation aimed at reducing tobacco use, which continues to operate today. 

Cunningham insists that changes must be made before the settlement is approved.  

“The Foundation must have the ability to fund a full range of initiatives to reduce tobacco use, such as smoking cessation and community programs,” he stated.  

He also called for policy measures similar to those implemented in the US, such as banning remaining tobacco promotions and requiring public disclosure of internal tobacco company documents. 

CCS has supported lawsuits against the tobacco industry since the 1990s, viewing them as a means to reduce tobacco use in Canada.