Manufacturing and selling a product that causes serious health consequences may bring various ethical questions. In Cipollone v. Liggett Group, Inc. 505 U.S. 504 (1992), the court addressed the plaintiff’s complaint, which alleged that cigarette manufacturers (the defendant) were responsible for the death of his mother, a smoker of 42 years. The plaintiff argued that the manufacturers failed to warn consumers about the harms of smoking, deceptively misled them about their nature, and conspired to deprive the public of medical and scientific information about smoking (505 U.S. 504, 1992). The court held that failing to warn about the harms of smoking was not a sufficient basis for suing, but deliberately misleading statements were, referencing the company’s “duty not to deceive” (505 U.S. 504, 1992, p. 506). This ruling arguably echoes the notion of “corporate social responsibility,” which regulates various operational areas in striving to minimize harm (Meiners et al., 2018, p. 17). However, integrity, or abiding by the “moral code and standards of ethics,” is not the same as a legal obligation (Meiners et al., 2018, p. 15). Legally, cigarette manufacturers are not liable for the health consequences of their products, given that the appropriate and true warnings are posted on the packaging. Morally, the manufacturers should be liable unless they can guarantee that every adult consumer is fully aware of the health risks. This statement is because adult consumers are voluntarily choosing to engage with the product, but not all of them may be aware of the harm. However, Meiners et al. (2018) note that “ethics codes matter little unless a serious effort ensures compliance,” meaning that ethical considerations alone will not be able to change the policy effectively. Hence, manufacturers should be held liable as it would create a tangible incentive to disclose any potential risks as comprehensively as possible, thus benefitting the entire society.
References
Cipollone v. Liggett Group, Inc., No. 90-1038 (US Supreme Court 1992). Web.
Meiners, R. E., Ringleb, A. H., & Edwards, F. L. (2018). The legal environment of business (13th ed.). Cengage Learning. Web.