BACKGROUND: The transnational tobacco industry (TI) remains one of the most profitable industries, despite the immense harm caused by its products to health and the environment. Judicial mechanisms have had limited success in holding the TI accountable due to systemic challenges, such as steep costs and delays. This paper explores administrative liability as an alternative for ensuring accountability.
METHODS: This study reviewed the principles of administrative liability and their application in international law, including the "polluter pays" principle and the victims' right to compensation. Case studies from various sectors, including environmental law, informed the development of policy recommendations
RESULTS: Administrative mechanisms, such as monetary penalties, trust funds/ compensation funds, specialized adjudicatory bodies, and harmonized dissuasive sanctions against the TI should be further studied as these could provide avenues for compensation and remediation, when judicial approaches are inadequate. The vaccine injury fund is an example of compensation mechanism that allows injured parties to claim compensation for specified injuries, without going to court. The funding is a fraction of the price of the vaccine and is charged against manufacturers. A governing body is established to disburse the funds. This exists at both national and global level, eg Covax No Fault Compensation Program. This could be a model to consider when designing non-judicial measures to hold the tobacco industry liable for harms caused. However, it is important to ensure that this type of remedy is additional, not alternative, in that it does not preclude the possibility of initiating civil and criminal proceedings against the tobacco industry.
CONCLUSIONS: Administrative liability provides a pragmatic framework to address the harms caused by the TI, enabling governments to impose effective, proportionate, and dissuasive sanctions while ensuring access to justice for victims. This approach aligns with international legal principles and offers a pathway to operationalize WHO FCTC Article 19.