Litigation in Argentina: challenging the tobacco industry.
OBJECTIVE
To evaluate the processes and outcomes of tobacco litigation in Argentina and to analyse the strategies of the tobacco industry to oppose litigation using tobacco industry documents.


METHODS
A systematic search of tobacco industry documents on the internet dating from 1978 to 2002. Law library searches using Argentinean official and unofficial reports systems were combined with computerised online searches.


RESULTS
There have been at least 15 failed litigation cases in Argentina and the tobacco industry presented a concerted defence in every claim regardless of cost. We categorised 11 cases as product liability and nicotine addiction, two as health care reimbursement, and two as criminal law and secondhand smoke. Industry strategies included hiring legal consultants from prestigious international and Argentinean law firms and developing litigation prevention programmes. Industry monitored legal academic meetings, controlled the development of new product liability legislation, obtained favourable opinions from experts, and closely observed the development of litigation in Argentina.


CONCLUSIONS
The strategies used by the industry have been successful in preventing recovery for tobacco injuries through litigation. Argentinean health advocates and lawyers need to be aware of the roles and strategies of the tobacco industry in order to develop effective litigation in Argentina.
Division of General Internal Medicine, Department of Medicine, Medical Effectiveness Research Center for Diverse Populations, University of California, San Francisco, California, USA.
M L
ML
Flores
J
J
Barnoya
R
R
Mejia
E
E
Alderete
E J
EJ
Pérez-Stable
D001118:Argentina; D001294:Attitude to Health; D035881:Compensation and Redress / Q000331:legislation & jurisprudence; D003416:Criminal Law; D004522:Educational Status; D006076:Government; D017048:Health Care Costs / Q000331:legislation & jurisprudence; D006801:Humans; D016365:Liability, Legal; D040541:Marketing / Q000379:methods; D009538:Nicotine / Q000009:adverse effects; D012907:Smoking / Q000009:adverse effects / Q000331:legislation & jurisprudence*; D013997:Time Factors; D019460:Tobacco Industry / Q000191:economics / Q000331:legislation & jurisprudence*; D014028:Tobacco Smoke Pollution / Q000331:legislation & jurisprudence; D014029:Tobacco Use Disorder / Q000209:etiology
D014028:Tobacco Smoke Pollution; D009538:Nicotine