Vanderbilt Journal of Transnational Law


Jonathan Wike

First Page



In recent years, U.S. tobacco manufacturers have responded to declining domestic consumption by aggressively promoting their products in Asia and other foreign markets. Their efforts have resulted in increased tobacco use and increased health risks in Asia. This Note discusses the legal implications of U.S. tobacco marketing in Asia, particularly the disadvantages faced by Asians who might wish to challenge U.S. tobacco manufacturers in court. The author first describes tobacco promotion In Asia and the limited potential for recovery against U.S. tobacco companies by Asian plaintiffs in their domestic courts. The Note then contrasts the limitations Asian plaintiffs face in their own courts with the increasingly bright picture for U.S. plaintiffs in United States courts. The author also acknowledges the likelihood that access to United States courts would be denied potential Asian plaintiffs. The Note concludes by exploring the human rights dimension in the aggressive promotion of U.S. tobacco overseas, particularly the threat it poses to the rights to health and to a healthy environment.