Editing Tobacco industry (section)

==Industry outlook in the United States==
{{More citations needed section|date=July 2016}}
[[File:Smoking Dangers - 1905 new.png|thumb|Anti-smoking ad, 1905]]

The tobacco industry in the United States has suffered greatly since the mid-1990s, when it was successfully sued by several U.S. states. The suits claimed that tobacco causes cancer, that companies in the industry knew this, and that they deliberately understated the significance of their findings, contributing to the illness and death of many citizens in those states.

The industry was found to have decades of [[Legacy Tobacco Documents Library|internal memos]] confirming in detail that tobacco (which contains [[nicotine]]) is both [[Substance use disorder|addictive]] and [[carcinogen]]ic (cancer-causing). The industry had long denied that [[nicotine addiction|nicotine is addictive]].<ref name=Glantz2000>{{cite journal|last=Glantz|first=SA|title=The truth about big tobacco in its own words|journal=British Medical Journal|volume=321|issue=7257|pages=313–314|date=August 2000|url= |doi=10.1136/bmj.321.7257.313|pmc=1118313|pmid=10926570}}</ref>

The suit resulted in a [[Master Settlement Agreement|large cash settlement]] being paid by a group of tobacco companies to the states that sued. Further, since the suit was settled, other individuals have come forth, in [[class action]] [[lawsuit]]s, claiming individual damages. {{Citation needed|date=October 2008}}

[[File:Sports stars smoke camels.jpg|thumb|1949 advertisement for [[Camel (cigarette)|Camel]] cigarettes]]
The tobacco industry has historically been largely successful in this litigation process, with the majority of cases being won by the industry. During the first 42 years of tobacco litigation (between 1954 and 1996) the industry maintained a clean record in litigation<ref>{{cite journal | last1 = Daynard | first1 = RA | last2 = Bates | first2 = C | last3 = Francey | first3 = N | year = 2000 | title = Tobacco litigation worldwide | journal = BMJ | volume = 320 | issue = 7227| pages = 111–3 | pmid = 10625272 | pmc=1117367 | doi=10.1136/bmj.320.7227.111}}</ref> thanks to tactics described in a [[R.J. Reynolds Tobacco Company]] internal memo as "the way we won these cases, to paraphrase [[George S. Patton|Gen. Patton]], is not by spending all of Reynolds' money, but by making the other son of a bitch spend all of his."<ref>Haines v Liggett Group, Inc, 818 F Supp 414, 421 (DNJ 1993), quoted in Daynard et al. 2000</ref> Between 1995 and 2005 only 59% of cases were won by the tobacco industry either outright or on appeal in the US,<ref>{{cite journal |title=Epidemiology of the third wave of tobacco litigation in the United States, 1994–2005 |year=2006 |last1=Douglas |first1=C. E. |last2=Davis |first2=R. M. |last3=Beasley |first3=J. K. |journal=Tobacco Control |volume=15 |issue=Suppl 4 |pages=iv9–iv16 |pmid=17130629 |pmc=2563581 |doi=10.1136/tc.2006.016725 }}</ref> but the continued success of the industry's efforts to win these cases is questionable. In Florida, the industry has lost 77 of the 116 "Engle progeny" cases that have gone to trial.<ref>{{cite web |first=Richard |last=Craver |work=[[Winston-Salem Journal]] |date=24 June 2014 |url=http://www.journalnow.com/business/business_news/national_international/reynolds-loses-another-engle-case-in-florida/article_edb613a2-fc05-11e3-8257-001a4bcf6878.html |title=Reynolds loses another 'Engle' case in Florida }}</ref> The U.S. Supreme Court has also denied the industry's major grounds for appeal of Engle cases.<ref>{{cite web |first=Stephen |last=Nohlgren |newspaper=Tampa Bay Times |date=24 June 2014 |url=https://www.tampabay.com/news/courts/civil/us-supreme-court-sides-against-big-tobacco-in-florida-litigation/2183646/ |title=U.S. Supreme Court sides against Big Tobacco in Florida litigation |access-date=December 23, 2022 }}</ref>

In June 2009, U.S. President [[Barack Obama]] signed into law the [[Family Smoking Prevention and Tobacco Control Act]] which has been called a "sweeping anti-smoking" bill.<ref>{{cite web|url=https://www.nbcnews.com/id/wbna31481823 |title=Obama signs sweeping anti-smoking bill – politics – White House – NBC News |publisher=NBC News |date=2009-06-22 |access-date=2012-03-13}}</ref> Among other restrictions, this Act banned the use of any constituent, additive, herb or spice that adds a "characterizing flavor" to the tobacco product or smoke (Section 907)(a)(1)(A).<ref>{{cite web|url=http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h1256enr.txt.pdf|title=FDsys – Browse Congressional Bills|website=frwebgate.access.gpo.gov}}</ref> The aim of this ban is to prevent children and teenagers from becoming addicted to cigarettes at a young age with the [[US Department of Health and Human Services]] citing that "studies have shown that 17 year old smokers are three times as likely to use flavored cigarettes as are smokers over the age of 25".<ref>{{cite web|title=General Questions and Answers on the Ban of Cigarettes that Contain Certain Characterizing Flavors|url=https://www.fda.gov/downloads/TobaccoProducts/GuidanceComplianceRegulatoryInformation/FlavoredTobacco/UCM183230.pdf|publisher=US Department of Health and Human Services|agency=US Food and Drug Administration|date=September 22, 2009}}</ref> This ban however does not apply to [[menthol cigarette]]s, which are exempt from the bill.

Lawsuits against the tobacco industry are primarily restricted to the United States due to differences in legal systems in other countries. Many businesses class ongoing lawsuits as a cost of doing business in the US and feel their revenue will be only marginally affected by the activities.

[[File:Jeffrey Wigand (178631094).jpg|thumb|200px|[[Jeffrey Wigand]], the former research chief at America's third-largest tobacco company, exposed safety problems related to the tobacco industry.]]

[[Big Tobacco|Large tobacco companies]] have entered the [[electronic cigarette#History|electronic cigarette]] market by either buying some of the small e-cigarette companies or by starting their own e-cigarette companies.<ref name=Orellana-BarriosPayne2015>{{cite journal|last1=Orellana-Barrios|first1=Menfil A.|last2=Payne|first2=Drew|last3=Mulkey|first3=Zachary|last4=Nugent|first4=Kenneth|title=Electronic Cigarettes—A Narrative Review for Clinicians|journal=The American Journal of Medicine|volume=128|issue=7|year=2015|pages=674–681|issn=0002-9343|doi=10.1016/j.amjmed.2015.01.033|pmid=25731134|doi-access=free}}</ref> By 2014 all the major multinational tobacco companies had entered the e-cigarette market.<ref name=GlantzBareham2018/> They did so either by buying existing e-cigarette companies (including [[Dragonite International Limited|Ruyan]], the original Chinese e-cigarette company, which was bought by [[Imperial Brands|Imperial Tobacco]]) or by developing their own products.<ref name=GlantzBareham2018/> A 2017 review states, "The tobacco industry dominates the e-cigarette market."<ref name=Zborovskaya2017>{{cite journal|last1=Zborovskaya|first1=Y|title=E-Cigarettes and Smoking Cessation: A Primer for Oncology Clinicians|journal=Clin J Oncol Nurs|volume=21|issue=1|pages=54–63|year=2017|doi=10.1188/17.CJON.54-63|pmid=28107337|s2cid=206992720}}</ref> All of the large tobacco companies are selling e-cigarettes.<ref name=ShieldsBerman2017>{{cite journal|last1=Shields|first1=Peter G.|last2=Berman|first2=Micah|last3=Brasky|first3=Theodore M.|last4=Freudenheim|first4=Jo L.|last5=Mathe|first5=Ewy A|last6=McElroy|first6=Joseph|last7=Song|first7=Min-Ae|last8=Wewers|first8=Mark D.|title=A Review of Pulmonary Toxicity of Electronic Cigarettes In The Context of Smoking: A Focus On Inflammation|journal=Cancer Epidemiology, Biomarkers & Prevention|volume=26|issue=8|year=2017|pages=1175–1191|issn=1055-9965|doi=10.1158/1055-9965.EPI-17-0358|pmid=28642230|pmc=5614602}}</ref> A 2017 review states, "Small companies initially dominated the electronic nicotine delivery systems (ENDS) market, and these firms had no links to the tobacco industry. Today, however, all transnational tobacco companies sell these products. Increased concentration of the ENDS market in the hands of the transnational tobacco companies is concerning to the public health community, given the industry's legacy of obfuscating many fundamental truths about their products and misleading the public with false claims, including that low-tar and so-called "light" cigarettes would reduce the harms associated with smoking. Although industry representatives are claiming interest in ENDS because of their harm-reduction potential, many observers believe that profit remains the dominant motivation."<ref name=DropeCahn2017>{{cite journal |last1=Drope |first1=Jeffrey |last2=Cahn |first2=Zachary |last3=Kennedy |first3=Rosemary |last4=Liber |first4=Alex C. |last5=Stoklosa |first5=Michal |last6=Henson |first6=Rosemarie |last7=Douglas |first7=Clifford E. |last8=Drope |first8=Jacqui |title=Key issues surrounding the health impacts of electronic nicotine delivery systems (ENDS) and other sources of nicotine |journal=CA: A Cancer Journal for Clinicians |volume=67 |issue=6 |pages=449–471 |year=2017 |issn=0007-9235 |doi=10.3322/caac.21413 |pmid=28961314 |doi-access=free}}</ref>

Major tobacco companies are dominating the political and policy-making environments just as they have in conventional cigarette policy making.<ref name=GlantzBareham2018/> As they have done to influence tobacco control policies for conventional cigarettes, the large companies often try to stay out of sight and work through third parties that can obscure their links to the tobacco industry.<ref name=GlantzBareham2018/> The one difference from the historical pattern of industry efforts to shape tobacco policy from behind the scenes is that there are also genuine independent sellers of e-cigarettes and associated users (so-called vape shops) who are not necessarily being directed by the cigarette companies.<ref name=GlantzBareham2018/> These smaller operators are, however, losing market share to the big tobacco companies, and the real political power is now being exercised by the cigarette companies.<ref name=GlantzBareham2018/> The cigarette companies try to take advantage of the existence of independent players while acting through the industry's traditional allies and front groups.<ref name=GlantzBareham2018>{{cite journal|last1=Glantz|first1=Stanton A.|last2=Bareham|first2=David W.|title=E-Cigarettes: Use, Effects on Smoking, Risks, and Policy Implications|journal=Annual Review of Public Health|volume=39|issue=1|pages=215–235|date=January 2018|issn=0163-7525|doi=10.1146/annurev-publhealth-040617-013757|pmid=29323609|pmc=6251310|url=https://cloudfront.escholarship.org/dist/prd/content/qt421813nc/qt421813nc.pdf?t=p2h0k2}}{{CC-notice|cc=by4|url=http://www.annualreviews.org/doi/pdf/10.1146/annurev-publhealth-040617-013757|author(s)=Stanton A. Glantz and David W. Bareham}}</ref>