烟草业是否承担产品侵权损害赔偿责任,取决于其烟草产品是否存在警示缺陷以及受害人同意这一免责的抗辩事由能否有效成立。我国有相当比例的公众特别是青少年对吸烟危害的严重性缺乏足够的认识,但我国烟草业未全面客观地告诫消费者吸烟危害的严重性,其产品具有弱化吸烟危害、促使消费者忽略或低估风险的警示缺陷。受害人同意特别是青少年自愿招致损害能否成为烟草业免责的抗辩事由,应结合案件的具体情况进行具体分析。 It is up to the tobacco industry whether to assume liability for damage caused by product infringement, depending on whether the tobacco product has a warning defect or not, and whether the victim’s consent to a defensive defense can be effectively established. A large proportion of the public, especially young people in our country, do not fully understand the seriousness of the harm caused by smoking. However, the tobacco industry in our country has not fully and objectively warned consumers of the seriousness of smoking hazards and their products have the potential to weaken the harm caused by smoking and prompt consumers to ignore or underestimate Risk warning defects. The victim agrees that voluntary juveniles, especially those who voluntarily incur damages, can be the defense of the tobacco industry’s exemption should be analyzed in the light of the specific circumstances of the case.