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Japan top court rejects appeal by former smokers

Tobacco & MarijuanaJan 26, 06

Former smokers seeking damages from the government and a cigarette maker for illnesses they said were caused by their habit had their appeal rejected by Japan’s top court on Thursday.

The Supreme Court finalised decisions by lower courts rejecting claims in a suit that was originally filed in 1998 by six men, three of whom have since died, Kyodo news agency said.

The former smokers had said they suffered illnesses such as lung cancer after smoking for 33 to 50 years and had sought a total of 60 million yen ($518,000) in damages from the government and Japan Tobacco Inc., the world’s third biggest tobacco company and former state monopoly.

In October 2003, the Tokyo District Court acknowledged that smoking was hazardous to health but did not recognise a causal link between the illnesses and smoking, Kyodo said.

In June 2005, the Tokyo High Court upheld the district court’s ruling.

The percentage of Japanese who smoke has been on the decline but the figure, at around 29 percent, is still high compared to other industrialised countries.

Japan started requiring stronger warning messages on cigarette packs last year. Since July, all cigarette packets have carried warning such as “Smoking can cause lung cancer and increases the risk of cardiac problems, strokes and emphysema”.

Prior to that, packages carried warning labels that said: “Smoking may damage your health”.



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