The Newfoundland and Labrador Alliance for the Control of Tobacco
(ACT) has thrown its support behind government's decision to proceed
with a lawsuit against the tobacco industry using the services of a
U.S. law firm.
"We are very pleased with the
provincial government's decision to proceed, and with the decision
to hire an experienced American firm on a contingency basis,"
said Todd Benson, executive director of ACT.
"We have been urging government to
pursue legal action against tobacco companies since 1999," said
Benson, who noted that retaining legal counsel on a contingency
basis makes good financial sense for a province like Newfoundland
and Labrador. "Tobacco companies have very deep pockets and to
go this alone would have cost tens of millions of dollars. That's a
lot of money for a province our size."
Benson said introducing a U.S. law firm to
move against the industry is smart. "Humphrey, Farrington &
McClain have successfully sued the industry so they know what it
takes to beat an opponent this size. They also know the sorts of
arguments the tobacco firms will try to use."
Humphrey, Farrington & McClain was
chosen to head the State of Missouri's liability team in which a
$6.2 billion settlement was reached.
Benson also supported government's decision
to refer its Tobacco Health Care Costs Recovery Act to the Supreme
Court of Newfoundland and Labrador, Court of Appeal. Since B.C.'s
proclamation of similar legislation, that province has had to deal
with almost four years of challenges from the tobacco industry.
Industry has been arguing that B.C. does not have the authority to
sue multinational companies. "By referencing our legislation to
the Supreme Court first we are eliminating the tobacco industry's
ability to hold up our legislation with continuous and costly legal
challenges," said Benson.
The Newfoundland and Labrador Alliance for
the Control of Tobacco is a coalition of government and
non-government organizations committed to the significant reduction
of tobacco use in Newfoundland and Labrador. ACT is composed of 80
members from all areas of the province.
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