Opinion

Caveat emptor: no pity for smokers

By Joseph LaPenta

Caveat emptor means "let the buyer beware." It is a Latin phrase used in English commercial law. It means that a customer should be cautious about the possibility of being cheated or injured. However, products like cars and TV sets come with warranties that protect buyers. If your TV explodes, you can sue the maker for damages, and you will probably win a reasonable settlement.

But many kinds of products are not covered by warranties. One is food. In general, we trust government agencies and inspectors to make sure that our food is safe. It is unthinkable that the government would permit the sale of products that contain substances known to cause cancer and other diseases.

Except, of course, for tobacco, which is not covered by Japan's health laws. It is controlled by the Finance Ministry, and is treated as a source of tax revenue. It was once a state-owned monopoly, and even today two-thirds of the shares of Japan Tobacco are owned by the government, which is eager to protect its investment.

We are endlessly reminded that Japanese have the longest average life span in the world. That, however, is little comfort to an estimated 100,000 people who die annually of smoking-related diseases. The number is increasing each year, yet the Japanese courts prefer to blame the victims for their illnesses.

In a recent case, the Tokyo District Court ruled against a group of sick and dying former smokers who were seeking compensation from Japan Tobacco. According to the judges, everyone knows that smoking increases the risk of diseases such as lung and throat cancer. However, since there is no way of proving that smoking was the cause of a specific case of cancer, the victims, not the tobacco companies or the government, are to blame for their diseases. If smokers continue to smoke, it is proof that they accept the risks.

What about nicotine? The judges agreed that it was addictive, but found it "hard to acknowledge that smokers cannot quit despite their will and efforts." Perhaps the Honorable Justices have never read Mark Twain's famous statement: "It's easy to stop smoking. I'ｖe done it many times."

But beneath all the legal jargon, the court was saying that if smokers get sick and die, it is the price they pay for ignorance and weakness. It is often said that Japanese are kind and indulgent to smokers, whereas Westerners are very intolerant. But Western courts have awarded sick and dying smokers generous settlements, whereas Japanese courts have shown nothing but contempt for them. The courts seem more interested in protecting tax revenues and supporting industries than in the welfare of the victimized.

Smokers are patrons of a dying industry. Japan Tobacco is closing plants and cutting jobs as domestic demand shrinks. But it is also developing desperately cynical business strategies. Japan Tobacco recently paid a biotec firm for an exclusive license to try to develop and sell a vaccine aimed at the treatment of lung cancer. The company wants to sell cancer and also sell a cure. Said one critic, "It is like putting Dracula in charge of a blood bank."

*ラペンタさんのオピニオンは今回が最終回です。

Shukan ST: Dec. 5, 2003

(C) All rights reserved