This annoys me.
In 1971, Dick Van Dyke starred in a movie called Cold Turkey. It was a comedy about a dying town attempting to win a prize sponsored by a tobacco company that was betting against any town remaining “smoke free” for a certain length of time. Van Dyke played the local minister who pushed the town into going “cold turkey” to win the prize. He himself had to start smoking to make it fair.
It was funny and sad and filled with many truths about tobacco and habits and addictions that everyone understood to be true!
I grew up in the 50s and 60s and no one around me was unaware that smoking was bad for you. No one around me was unaware that it was addictive. Maybe they didn’t use that specific word for it, but they knew.
Comes the 80s and 90s and now the 21st century, and you would think that the tobacco industry had successfully kept people for a century in the dark about the ills of smoking. As if their word on the subject could ever be trusted. As if no one had ever realized–through the power of logic and reason–that smoking was a Bad Thing and that people could “trust” a company like Philip Morris to be honest about their product.
I’m being partly disingenuous, but not a lot. My point is, people pretty much realized without having to be told that smoking was both addictive and bad for your health long before the current spasm of public outcry over what the tobacco company knew or didn’t.
So a jury in the state of Oregon awarded a widow eighty million dollars in punitive damages against a tobacco company for her husband’s death. It’s going to the supreme court, not to argue whether she should receive some compensation, but to argue about the reasonable size of said compensation.
I have a problem letting people off the hook for personal responsibility in this. People lie to themselves all the time about their personal proclivities, but that doesn’t mean the rest of us should abet such dishonesty. And just because smoking is a nasty habit doesn’t mean it is any more representative of the tug of war between personal choice and public custom.
The question to be asked is whether or not individuals would smoke had, say, Philip Morris or any of the others come out and said, up front, “if you use this product it will eventually kill you. It is habit forming.” At a time when it was “cool” to smoke, I rather doubt that would have had much impact, but I could be wrong–it’s difficult to determine psychological tendencies hypothetically. (Although Ralph Nader successfully demonstrated that convertible automobiles are far more deadly than hardtops, so much so they were taken from the market, but people don’t care! So now they’re back.) You may fault–and expect damages to the community–from tobacco companies for hiding research about how dangerous their product is, but if people would have done it anyway I think we have to stop kidding ourselves about how responsible these companies are for individual deaths.
I repeat–everyone knew, in the way people generally know, from common sense and observation. It was, we may say, an “open secret” for a long, long time. The culture itself lied about it, lied to itself, joked and made light of it, because people wanted to do it anyway.
I don’t smoke. Never did. In the boy scouts, a few of us stole the scoutmaster’s cigarettes on a camp out and snuck into the woods to light up. The first kid who did it turned green in a minute or so and puked. I’ve never been a fan of physical discomfort, so I left. The idiot kept trying it until he learned to like it.
Whose fault is that? I recognized that this was a dumb thing. I never tried it. But for reasons other than taking a cigarette company’s word for it, others went through the ritual of overcoming the body’s normal rejection of smoking to develop the habit. It’s harder to develop a smoking habit than a cocaine habit–you have to force your body to accept the smoke; with cocaine, one snort (that doesn’t hurt at all) and you’re there. But people do it anyway.
I’m not a fan of smoking. But I think slapping the cigarette companies with these ridiculous damages for individual deaths is a bad idea. For one, that’s not what is currently reducing popular consumption of smoking–the culture has changed and cultural pressure is doing it, regardless of the law. For another, it’s one more way of letting people believe–teaching them to believe–that the ills which befall them are not their fault. That they have less responsibility to think and decide and act on reason. That if they do certain things and the results are bad, then they can blame someone else. I think this is a bad way to achieve any kind of a goal.
But it’s hard to take a culture to court. Next best thing, I suppose, is a cultural institution.
But if we’re going to hammer the tobacco industry into the dirt, let us be honest to ourselves about it. As I said, we all knew, for decades. If we chose to accept the obvious nonsense in tobacco ads rather than do the hard work of making a reasonable decision, that’s on us. If we wish now to absolve ourselves and make a whole industry a sacrificial lamb to a new public piety, then let us be openly venal and admit our hypocrisy–we want someone else to pay for our stupidity.
We should also take a lesson from Prohibition. Everyone knows drinking too much is a bad thing. Always have known it. People do it anyway. Making the alcohol industry pay for it turned into a pretty ugly thing.
Let me say in advance that all the bad things that can be said about smoking, the tobacco industry, and so forth I more or less agree with. My issue here is with self-deception and the metrics of liability.