In the 1980s, the legal landscape faced a significant challenge when Richard Daynard, a law professor at Northeastern University, embarked on a crusade against the tobacco industry. At that time, the industry had consistently defeated a succession of lawsuits, maintaining a robust defense by arguing that smokers knowingly assumed risks and the science on health impacts was uncertain. Daynard, however, was undeterred. He drew parallels with the asbestos industry lawsuits that had exposed corporate cover-ups and held companies accountable for endangering lives. His strategic vision was straightforward: apply a similar approach to tobacco.
Daynard’s efforts culminated in the landmark 1998 Master Settlement Agreement, compelling major tobacco companies to pay over $200 billion and change their advertising practices. His work reframed smoking as a public health crisis influenced by corporate tactics, transforming public health law and perceptions of smoking in America. However, at 81, Daynard’s fight is not over. As the president of the Public Health Advocacy Institute, he now targets the burgeoning sports-betting industry. He argues that this industry uses targeted promotions and digital platforms to exploit consumers, particularly young men, with methods reminiscent of past tobacco strategies.
In December 2023, Daynard’s institute filed a class action lawsuit against DraftKings, a Boston-based betting app, alleging deceptive promotions aimed at inexperienced users. Though DraftKings sought dismissal, the case continues, with the company insisting its promotions are transparent and responsible. Daynard’s initiative has drawn national attention, with his efforts described as pivotal by public health advocates. His campaign has inspired further legal actions against sports betting companies in states such as Illinois, Kentucky, and New Jersey.
The expansion of sports betting in the United States has coincided with a rise in gambling addiction, affecting millions. Since the 2018 Supreme Court decision lifting the federal ban on sports betting, 39 states, along with Washington D.C. and Puerto Rico, have embraced legal sports wagering. This shift has resulted in record revenues for the industry, but also increased public health concerns. Studies indicate online access increases the risk of gambling disorders, which can lead to severe personal and financial consequences.
Daynard continues to advocate for a public health approach to gambling, emphasizing the need for stronger regulations. His grassroots advocacy group, Friends and Families of Gamblers, aims to elevate personal stories of harm and pressure lawmakers to enact reforms. As the scope of harm from gambling widens, Daynard’s efforts focus on bringing these issues to light and fighting a system he believes is dangerously out of control.
The Evolving Landscape
The ongoing legal and advocacy efforts against the sports-betting industry signify a potential shift towards increased consumer protection and regulation. This movement could reshape how sports betting is perceived and managed, similar to the transformation seen in the tobacco industry. For individuals and communities, this might mean stricter advertising regulations and more support for those affected by gambling addiction.
As more states consider implementing legal frameworks for sports betting, a growing emphasis on public health could influence legislation. Increased awareness and advocacy efforts may lead to more comprehensive policies that address the underlying issues of addiction and consumer protection. This shift could impact everyday life by promoting safer gambling practices and reducing the negative consequences associated with problem gambling.
For communities, particularly those where sports betting is prevalent, the focus on health-based approaches may foster a more informed and cautious environment surrounding gambling activities. By highlighting the personal stories of those affected, Daynard’s work underscores the need for balanced regulation that protects individuals while allowing for recreational gambling.