LAUSR

© Author(s) (or their employer(s)) 2022. No commercial reuse. See rights and permissions. Published by BMJ. While a criminal case against the tobacco industry sounds sensational, the suggestion that tobacco companies could face criminal liability for their actions is neither unprecedented nor groundbreaking. A criminal case against the tobacco industry was considered by the drafters of the Framework Convention on Tobacco Control, who encouraged parties to use their laws that deal with criminal liability under Article 19. Courts have considered the possibility of criminal charges as well. The highest court in at least one American state described the tobacco industry’s history of marketing and promotional schemes as ‘extraordinarily reprehensible’, and emphasised the criminal implications of the harms caused by this industry’s actions. The Oregon Supreme Court not only discussed ‘the possibility of severe criminal sanctions, both for the individual who participated and for the corporation generally’, but stressed that these actions could ‘constitute at least seconddegree manslaughter’ under Oregon law. Homicide laws in jurisdictions around the world could be similarly interpreted and applied. A criminal case is different from civil litigation in many ways. Notably, a criminal case in most countries must be brought by a government entity, usually a public prosecutor. Prosecutors are the ‘gatekeepers’ of criminal justice, and therefore must be convinced to bring a criminal prosecution against a tobacco corporation or executive. Furthermore, while a victory in a civil case is an award of money to the injured party (which the tobacco industry easily pays and goes back to business as usual), a criminal case could result in fines, court orders, and possibly even dissolution of the corporation or jail time for the executives. Civil litigation has long been an impactful tool against the industry, but regrettably, the tobacco industry is still winning at least 25% of civil cases in the USA. A criminal case against the tobacco industry can help delegitimise the industry, make it harder for them to recruit top talent, have a deterrent effect, and allow antitobacco groups and governments to learn more about the harms perpetuated by the industry through the discovery process. In short, a criminal case is another potential tool in the arsenal against Big Tobacco.