The Legal Admissibility of Suing Tobacco Companies for Smoking-Related Damages Under Jordanian Law: The U.S. Litigation Experience as a Model

Abstract

Smoking is a lawful act falling under the domain of personal freedoms protected by law; however, personal freedoms are not absolute and vary in their significance. The right to life takes precedence over the mere enjoyment of freedoms, with a strong, intrinsic connection between the right to life and the right to health. Smoking is widely regarded as one of the most dangerous health threats, and thus indirectly to life itself. This issue presents an unconventional challenge requiring innovative approaches for mitigation. Notably, the American experience in litigating against tobacco companies for the harm caused to smokers offers a non-traditional approach that complements public health initiatives in combating harmful tobacco use.

Despite the differences between the legal systems in the United States and Jordan, Jordanian smokers may base their claims against the Jordanian tobacco industry on legal and procedural grounds similar to those applied under American law. Pursuing legal action as a means of compensating for smoking-related harm would not only support Jordan's healthcare system but also reveal legislative gaps within the Jordanian Civil Code and other relevant laws that may obstruct smokers' claims against the tobacco industry, thereby allowing for necessary legislative improvements.