O'Neill Institute  |  August 1, 2024

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This white paper discusses the need to update the concept of damage in tort law to address the growing prevalence of non-communicable diseases (NCDs) linked to the consumption of unhealthy foods and beverages. NCDs, responsible for 74% of global deaths, are largely driven by transnational corporations that produce and market harmful products. The current understanding of damage in tort law, shaped during the Industrial Revolution, may be insufficient for addressing the modern, widespread health impacts of these products. The paper proposes re-evaluating and potentially revising the concept of damage to hold corporations accountable for the foreseeable and intentional harms their products cause, thereby ensuring tort law continues to promote compensation and deterrence effectively.

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