Liability Immunity: Should Nicotine Companies Be Protected From Lawsuits?
The 2009 Tobacco Control Act gave cigarette companies partial immunity from liability for past conduct. The immunity is controversial—and it may be extended to reduced-risk products. The liability question shapes the industry's willingness to innovate.
The MSA provided cigarette companies with partial immunity from state lawsuits. The 2009 Tobacco Control Act limited FDA's ability to ban entire product categories. **Liability protection has been essential to the cigarette industry's survival—and it may be essential to the development of reduced-risk products. A company that faces catastrophic liability for producing a safer alternative has no incentive to develop it. The liability question is not about protecting the industry. It's about creating incentives for the transition.**
