1991-02-07: AUSTRALIA: The AFCO Case: Federal Court examines 1986 ETS studies, finds data valid

THE 1991 AFCO Decision ...there is a strong public interest in the respondent being prevented from making the statement that there is little evidence and nothing which proves that cigarette smoke causes disease in non-smokers. Active smokers are likely to be misled or deceived by the statement into believing that theirsmoking does not prejudice the health of non-smokers, particularly small children. Non-smokers are likely to be deceived or misled by the statement into believing that cigarette smoke does not affect their own health or the health of their children. These are serious matters. -- Justice Trevor Morling, Australian Federal Court, February 7, 1991 

In 1986, the Tobacco Institute of Australia ran newspaper ads that claimed there was "little evidence and nothing which proves scientifically that cigarette smoke causes disease in nonsmokers."

The Australian Federation of Consumer Organizations (AFCO) brought suit in Australian Federal Court under the Trade Practices Act.

Heavy guns and major resources of both sides were thrown into the case, which lasted 30 months. 320 reports were presented, including evidence from noted ETS-critic and Cato Institute lecturer Gary Huber (The financial connection between Huber's work and the tobacco industry was not revealed until Business Week broke the story in 1994).

The main evidence for the plaintiffs were reports from 1986 by the US Surgeon General, the National Research Council (US), the National Health and Medical Research Council (Australia) and the Froggatt inquiry into health and smoking (Britain).

The court found that even in 1986 there was "overwhelming evidence" that ETS triggers respiratory attacks in children, and "compelling scientific evidence that cigarette smoke causes lung cancer in non-smokers."

In a 211-page judgement, the court found that the TIA's advertised statement breached the Trade Practices Act and was likely to mislead people on the effects of ETS. Justice Trevor Morling granted an injunction which prevented the Tobacco Institute from running similar ads.

The Journal of the American Medical Association said in reference to the case,

"It is not surprising that the tobacco industry, which for decades has continued to obfuscate the causal link between smoking and disease despite massive evidence, should feel threatened by studies that show that nonsmokers may be harmed and killed by their products. After all, in 1991, the evidence that ETS causes lung cancer was reviewed and found, by a federal court in Australia, to be 'compelling.' And it's not surprising that scientist-editors at JAMA, who have read the evidence on both sides, believe that ETS is a great danger to nonsmokers and are depressed by industry tactics. . .