The duty to warn of ETS's dangers: what if Thomas Cipollone gets cancer?

Liability litigation for injury claims from environmental tobacco smoke, and the issue of the tobacco industry's duty to warn of health threats, should be based on a public law approach. This would solve the problems of the indeterminate plaintiff and indeterminate defendant by calculating damages based on attributable risk and market share. Preemption of failure to warn claims was found in Cipollone v. Liggett Group Inc, but this should be overcome by proof of causation.