TheJakartaPost

Please Update your browser

Your browser is out of date, and may not be compatible with our website. A list of the most popular web browsers can be found below.
Just click on the icons to get to the download page.

Jakarta Post

Smoker to sue big tobacco for addiction

A 50-year-old woman has sent a legal notice demanding Rp 1 trillion (about US$70 million) in compensation from tobacco giants Gudang Garam and Djarum, claiming they had caused her to become addicted to cigarettes and, thus, reduced her quality of life

Marguerite Afra Sapiie (The Jakarta Post)
Jakarta
Sat, March 10, 2018 Published on Mar. 10, 2018 Published on 2018-03-10T00:10:01+07:00

Change text size

Gift Premium Articles
to Anyone

Share the best of The Jakarta Post with friends, family, or colleagues. As a subscriber, you can gift 3 to 5 articles each month that anyone can read—no subscription needed!
Smoker to sue big tobacco for addiction

A

50-year-old woman has sent a legal notice demanding Rp 1 trillion (about US$70 million) in compensation from tobacco giants Gudang Garam and Djarum, claiming they had caused her to become addicted to cigarettes and, thus, reduced her quality of life.

Rohayani, represented by lawyers from the Solidarity of Public Advocates for Tobacco Control (SAPTA), including veteran advocate Todung Mulya Lubis, has been smoking cigarettes produced by the two tobacco giants for more than 40 years.

The legal notice had been received by the two firms earlier this week, one of her lawyers, Azas Tigor Nainggolan, claimed.

The companies have been given one week to respond to the demands, he said, adding that if they chose to ignore the notice, his side would decide whether it would take the case to court.

Rohayani filed the legal notice based on Article 19 of Law No. 8/1999 on consumer protection, which stipulates that companies are obligated to provide compensation over the loss and/or damage suffered by consumers as a result of consuming goods produced by the companies.

Tigor said Gudang Garam and Djarum had violated the 1999 law by continuing to produce and distribute tobacco products, despite having knowledge that cigarettes have harmful effects. “The violation is more apparent by the fact that the tobacco companies are trying to hide the dangers of cigarettes by not mentioning the details on cigarette packs,” Tigor said in a statement.

By not mentioning the details of both cigarette composition and the threats of tobacco consumption, the companies have also ignored the responsibility of providing clear and true information about their products, he said.

In the legal notice sent to the two companies by SAPTA, which had been signed by Tigor and prominent lawyer Todung on Feb. 19, the advocates claimed Rohayani had suffered from nicotine addiction and was unable to stop smoking cigarettes sold by the two firms.

Rohayani had also suffered from declining health, including heavy coughing and asphyxiation due to tobacco consumption, the letter said.

She has demanded that Gudang Garam provide Rp 178 million in compensation to cover Rohayani’s purchases of cigarettes produced by the company from 1975 to 2000, and Rp 500 billion in financial assistance.

Djarum, meanwhile, has been urged to pay Rp 293 million to cover Rohayani’s cigarette purchases from 1978 until the date of the legal notice, and Rp 500 billion in financial assistance.

Djarum cigarette company is owned by tycoon brothers R. Budi and Michael Hartono, who recently topped Forbes magazine’s list of Indonesia’s 50 richest men for the 10th year in a row.

Meanwhile, Gudang Garam is run by Susilo Wonowidjojo and family, who ranked third last December on the list but were ousted from the top 20 this year.

A study conducted by the Health Ministry found that Indonesians spent around Rp 208 trillion on cigarettes in 2015, based on an assumed average price of Rp 700 per cigarette in 2015. Tobacco consumption has also led to 200,000 tobacco-related deaths annually in Indonesia, surpassing the mortality rate caused by tuberculosis, which stood at 150,000 in 2015.

Separately, Djarum deputy GM of corporate communications, Mutiara Dyah Asmara, said her side had yet to receive the legal notice. “We will examine the legal notice after we receive it.”

Gudang Garam corporate secretary Irwan Tricahyono was not available for comment on Friday. (dpk)

Your Opinion Matters

Share your experiences, suggestions, and any issues you've encountered on The Jakarta Post. We're here to listen.

Enter at least 30 characters
0 / 30

Thank You

Thank you for sharing your thoughts. We appreciate your feedback.

Share options

Quickly share this news with your network—keep everyone informed with just a single click!

Change text size options

Customize your reading experience by adjusting the text size to small, medium, or large—find what’s most comfortable for you.

Gift Premium Articles
to Anyone

Share the best of The Jakarta Post with friends, family, or colleagues. As a subscriber, you can gift 3 to 5 articles each month that anyone can read—no subscription needed!

Continue in the app

Get the best experience—faster access, exclusive features, and a seamless way to stay updated.