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Tobacco Control Legal Consortium - Legal Update November 2006
The Tobacco Control Legal Consortium has released its latest Legal Update, highlighting the recent legal developments that affect the tobacco control community. Click here to access the Legal Update PDF.

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Supreme Court agrees to hear Philip Morris appeal in $80 million judgment
The Supreme Court has agreed to hear Philip Morris’ appeal of a jury verdict in Oregon. Moyola Williams, the widow of Jesse Williams who died of lung cancer, was awarded $79.5 million in punitive damages from Philip Morris USA. A previous appeals ruling upheld the jury award. To read more, click here.

Tobacco companies win delay and appeal of ‘light’ cigarette marketing ban
A federal appeals court granted the tobacco companies’ request to put on hold sanctions imposed by Judge Gladys Kessler in August, winning a delay of the court-imposed ban on the marketing of ‘light’ and ‘low-tar’ cigarettes. The stay ruling will be in effect until the tobacco companies’ appeal of the ruling can be reviewed. Click here for the full update.

Health groups file to appeal tobacco case
Anti-smoking and health groups, including the Tobacco-Free Kids Action Fund, the American Cancer Society, the American heart Association, and the American Lung Association, filed notice that they intend to appeal a ruling that allows cigarette makers to avoid major financial penalties in the government’s racketeering case. The ruling, imposed August 17, 2006 by U.S. District Judge Gladys Kessler found the tobacco companies engaged in a decades-long conspiracy to hide the dangers of smoking. The appealing groups will seek to make arguments in support of stronger remedies. Click here to read more.

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Arizona:
 
R.J. Reynolds challenges new state tobacco-tax hike
After spending $8.7 million in a losing effort to exempt bars from a smoking ban, R.J. Reynolds may put more money into fighting the state's tobacco-unfriendly policies. The tobacco company is scouting around for attorneys to challenge the state's new 80-cent tobacco tax. Some believe a lawsuit may materialize, because the ballot language for Proposition 203 stated that the tax would be 0.80 cents per pack of cigarettes, or less than a penny. The decimal point was dropped when the Arizona Secretary of State's Office prepared the ballot. The error was not caught by the Attorney General's Office when it reviewed the ballot language. To learn more, click here.

Colorado:
 
Homeowners association rule forbids couple to smoke in their own home
In Golden, Colorado the homeowners association’s (HOA) order preventing a couple from smoking in their home was upheld by a Jefferson Country District judge. The lawsuit was filed by Colleen and Rodger Sauve, after the HOA amended its bylaws to prohibit smoking. Prior to implementing the law, the HOA had received numerous complaints from the couples’ neighbors that cigarette smoke was seeping into their units. The couple, now forced to light up in the street in front of their building, is hoping to appeal the decision. To read more, click here.
 
Bar owners file notice of appeal on smoking ban
A group representing Colorado bar owners have filed a notice of their intent to appeal the last month decision of Federal Judge Lewis Babcock, which upheld the new statewide ban on indoor smoking. The group, the Coalition for Equal Rights, claims that bars throughout the state have suffered financial losses of up to 45 percent under the new law. Click here to read more.

Illinois:
 
Supreme Court won’t review Illinois tobacco case
The Supreme Court has let stand a ruling that threw out a $10.1 billion verdict against Philip Morris USA. The lawsuit accused the company of misleading consumers about the risks associated with smoking ‘light’ cigarettes. The Court ruled that the U.S. Federal Trade Commission has authorized tobacco companies to characterize their products as ‘light’ and that a section in the Illinois Consumer Fraud Act exempts a company from being punished for behavior allowed by a specific regulatory body. The press release can be found here.

Kentucky:
 
Lawsuit challenges Louisville’s smoking ban
The Louisville Metro Hospitality Coalition has filed a lawsuit challenging Louisville’s new smoking ban. The ban, scheduled to take effect in July 2007, prohibits smoking in all public places, excluding Churchill Downs. Those behind the lawsuit are worried that the ban will cause bars and restaurants to lose business. The Jefferson Country Circuit Court has 20 days to respond to the lawsuit. Council members are fairly certain that the ban will be upheld. Click here for the press release.

Massachusetts:
 
Smoker says company violated his rights when they fired him
Scott Rodrigues, of Bourne, Massachusetts, has filed a lawsuit alleging that the lawn and garden company he was employed with violated his privacy and civil rights when it fired him because he smokes. Rodrigues had worked at the company for several weeks after his drug test came up positive for nicotine. He claims that he wasn’t told that he would be tested for nicotine and that he was told the company would help him quit. The Scotts Company instituted a policy earlier this year forbidding employee smoking in order to promote healthy lifestyles and keep down insurance costs. Click here for the press release.
 
Mass. smokers sue Philip Morris on cancer checks
A group of heavy Marlboro smokers have filed a lawsuit in federal court in Boston, asking Philip Morris USA to pay for screenings that may detect the early stages of lung cancer. The class-action lawsuit, which was filed on behalf of current and former Marlboro smokers over 50 years old who smoked a pack or more a day for 20 years, demands the tobacco company pay for an annual low-dose X-ray scan of the chest. It is modeled on a similar lawsuit filed in Federal District Court in Brooklyn in January. Both suits are unlike typical tobacco-related litigation that has sought billions of dollars in punitive damages from cigarette companies. Click here to read more.

Mississippi:
 
Smoking ban upheld
U.S. District Judge Michael Mills declined to stop enforcement of Tupelo, Mississippi’s, month old smoking ban. The lawsuit was brought on by some businesses, particularly bar owners, claiming a loss of revenue as a result of the ban. The judge ruled that there is no constitutional right to smoke and made minor changes to the ordinance in order to make it constitutional. The ruling has the attention of nearby cities, such as Oxford and Starkville, where smoking ban ordinances with similar language have recently gone into effect. For the press release, click here.

Nevada:
 
Anti-smoking law’s foes target enforcement flaws
Nevada's new anti-smoking law is unconstitutional because it doesn't specify who should be cited if someone illegally lights up, opponents of the law wrote in a supplemental brief filed Monday in District Court. The brief was filed by lawyer Kirk Lenhard, who is representing 20 local bars and taverns who oppose the smoking restrictions. Click here to read the full article.

Pennsylvania:
 
Judge hears smoking ban challenge
Two Downtown restaurant owners who sued to stop Allegheny County's smoking ban from taking effect testified that their business will suffer if the ban is enforced.  The lawsuit - which is being paid for by tobacco giant R.J. Reynolds - seeks an injunction to block the ban, citing a state law that some claim prohibits local governments from enacting such laws. To read more, click here.

Texas:
 
City of Austin will appeal smoking ordinance ruling
Attorney with the city of Austin announced that they will appeal the recent ruling against the smoking ban ordinance. On October 4th, a District judge upheld most provisions, but limited the city’s ability to enforce the ordinance against owners and operators of public places. The city is appealing the section of the ruling that owners don’t have to take any more steps. Since the ruling, enforcement has put emphasis for enforcement on the people who are not complying with the ordinance, who can be fined up to $500. For more information, click here.

Utah:
 
Ruling could cost Utah its tobacco settlement
A federal judge put Utah one step closer to possibly losing a significant chunk of settlement cash from tobacco companies. U.S. District Judge Dee Benson ordered Utah lumped into binding arbitration with some 50 states and two territories against the tobacco companies, who have claimed the states have dragged their feet in seeking legal action against other tobacco companies who chose not to participate in a 1998 settlement. Participating companies claim the states deserve a reduction in settlement funds, at least for the year 2003. For Utah this means it could lose its entire 2003 settlement payment of $32.6 million, posing potentially serious problems for numerous state health programs that rely on settlement funding. For more information, click here.

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International

European Union can tax alcohol, tobacco brought abroad
The European Union Court of Justice has decided that goods, including tobacco products, from European Union states cannot be delivered to Britain free of the UK duty. The decision means that British citizens cannot buy products online or over the phone to avoid high import duties on the products. The ruling avoids a potential flood of low-tax alcohol and tobacco products into Britain and substantial losses in revenue for the British Treasury. Click here for the full update.

British Columbia wins ruling in tobacco fight
The British Columbia Court of Appeals sided with the province, ruling that the British Columbia courts have jurisdiction over foreign tobacco companies. This was a major victory for the government, clearing the way for their civil case against major tobacco companies on allegations of deceptive marketing, inadequate health warnings and targeting of children in the 1960s, 70s, and 80s. Click here to read more.

Saskatchewan moves to sue big tobacco
The Saskatchewan government introduced legislation that will allow the government to sue tobacco companies to recover health-care related costs from smoking. The legislation was patterned after a similar law in British Columbia which allows the province to sue for both past and future health-care costs. Current estimates of health care costs related to smoking in Saskatchewan total $145 million annually. How quickly the lawsuit will be filed is uncertain. Health Minister Graham Addley’s preference is for Saskatchewan to act in conjunction with other provinces. The press release can be found here.

Saudi Arabia intends to sue tobacco companies says Al-Manie
Saudi Arabian Minister of health Dr. Hamad Al-Manie announced that the country intends to sue American and European tobacco companies which sell their products in the country. Although there have been reported attempts to settle the dispute out of court, Al-Manie says he will press ahead with the lawsuit unless the tobacco companies pay the full amount of compensation for the deaths and diseases caused by smoking. For more information, click here.

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