There are several similarities between the suits that state and local governments are bringing against the lead industry and the recent tobacco litigation. Both seek to hold industries accountable for producing products they knew to be harmful. Both industries actively concealed the dangers of their products, and both targeted children in their advertising and marketing efforts. Today, Joe Camel is a household name. During the first half of the 20th century, the lead industry went to great lengths to make its marketing images just as familiar. National Lead used its trademark Dutch Boy in a variety of promotional materials, including coloring books, statuettes, and Dutch Boy costumes that were loaned to the public for parties or parades. In its own words, the company “never overlooked the opportunity to plant the trademark image in young and receptive minds.” This targeted advertising to children was coupled with industry messages that lead-based paint was ideal for nurseries and schools—all while the companies knew full well the dangers of lead-based paint to children. The irresponsible behavior of both the lead and tobacco industries is evidenced by mounds of incriminating documents. Several law firms who defended tobacco interests are defending the lead industry, including Arnold & Porter; Kirkland & Ellis; Jones, Day, Reavis & Pogue; and McGuire, Woods, Battle & Booth.

Although the tobacco and lead suits share some common elements, they also have several important differences. The victims of cigarette smoking for the most part undertake smoking voluntarily (leaving aside the issue of second-hand smoke). Lead-poisoned children, on the other hand, are completely blameless and are poisoned as a result of normal behavior, such as thumb sucking. The solution to lead poisoning is simpler than stopping teen smoking. Society doesn’t need to modify individual behavior; it just needs to clean up the hazard. Resources obtained during the course of lawsuits against the lead industry could go a long way towards eliminating lead poisoning in this country.

One shortcoming of the tobacco lawsuits is that to a large extent, states have not dedicated the damages they were awarded to address the problem underlying the suits. With the experience of the tobacco litigation to draw on, plaintiffs suing the lead industry have a greater chance of ensuring that the proceeds of the lawsuits are dedicated to addressing lead poisoning prevention.

Advancing Prevention Through Lead Industry Lawsuits