Lawsuits

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Tobacco Control Legal Consortium – Legal Update September 2006
Access the September 2006 Legal Update from the Tobacco Control Legal Consortium (TCLC). The TCLC weighs in on the DOJ ruling in United States v. Philip Morris, as well as other legal issues and resources. Click here to go to the update

Tobacco Control Legal Consortium - Legal Update October 2006
The October 2006 Legal Update from the Tobacco Control Legal Consortium can be accessed by clicking here.

Class-action status OK'd in tobacco case
A federal judge will allow smokers of light-cigarettes to file a class action lawsuit against Big Tobacco that may reach as much as $200 billion. The lawsuit – known as the Schwab case - represents tens of millions of people who believe that they were misled into thinking that light cigarettes were safer. Both R.J. Reynolds and Philip Morris USA are appealing the judge’s decision. To read more, click here.

Tobacco companies challenge class status of 'lights' case
Philip Morris USA, along with several other cigarette makers, filed a motion challenging the recent class certification decision of the Schwab case, alleging that the tobacco companies attempted to trick the public into believing that “light” cigarettes were less harmful than other types of cigarettes. However, that motion was rejected by U.S. District Judge Jack B. Weinstein. As it stands, the lawsuit will represent millions of smokers and former smokers and seek hundreds of billions of dollars. Click here to read more.

Judge denies 'light' cigarettes request
Federal Judge Gladys Kessler has denied the tobacco companies’ request to allow continued marketing of “light” and “low tar” cigarettes until an appeal is completed in their racketeering case. The request was filed by the tobacco companies after Kessler’s August ruling that ordered tobacco companies to stop marketing the cigarettes and make public statements about nicotine addiction and the health effects of smoking. Click here to read more.

Judge dismisses lawsuit against tobacco companies
A federal district court dismissed a lawsuit against the R.J. Reynolds Tobacco Company that was brought forth by the United Seniors Association. United Seniors was seeking to recover medical expense reimbursements made by Medicare for conditions brought on by cigarette smoking. To read more, click here.

Court rejects tobacco case appeal
The Supreme Court rejected an appeal by 30 state Attorney Generals surrounding the issue of a tobacco company’s ability to challenge state laws. The lawsuit, stemming from the Master Settlement Agreement, was brought about by three small tobacco companies who wished to challenge state escrow laws that required them to join the settlement or put funds into escrow accounts based on cigarette sales. The lawsuit was originally dismissed by a federal district judge and then reversed by a federal appeals court. Since the Supreme Court has declined to review the appeals court, the lawsuit will proceed. Click here to read the press release.

Supreme Court to hear arguments October 31 in Philip Morris case
The U.S. Supreme Court will hear oral arguments from Phillip Morris’ challenge to punitive damage awards to the family of a deceased smoker. The case originated in an Oregon state court, was affirmed by Oregon’s highest court, and is scheduled to begin in the U.S. Supreme Court on October 31st. The court has received a dozen amicus curiae briefs from trade associations and advocacy groups, supporting Phillip Morris, arguing that if the Supreme Court allows the award to stand, businesses will suffer harm from excessive and unjustified punitive damages awards. The press release can be found here.

Philip Morris wins temporary delay in class action
A federal appeals court has granted a temporary stay while it hears arguments about whether the Schwab case can proceed as a class-action lawsuit. The Schwab lawsuit seeks over $200 billion in damages on behalf of light cigarette smokers across the U.S. The stay threatens to delay a January 22 scheduled trial start date. To read more, click here.

Attorneys General and R.J. Reynolds reach historic settlement to end the sale of flavored cigarettes
R.J. Reynolds Tobacco Company (RJR) and the Attorneys General of 38 states have entered into a settlement that ends the sale of candy, fruit and alcohol flavored cigarettes manufactured and sold by the company. For more information click here.

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Colorado:

Pueblo DA joins suit to snuff smoking ban
The Pueblo Country District Attorney, Bill Thiebaut, has taken a stance with the plaintiffs in a federal lawsuit that seeks to overturn the state smoking ban, the Colorado Clean Indoor Air Act. Thiebaut has based his filing on two arguments, including the law’s exemption of casinos. The lawsuit was originally brought on by a coalition of bar and tavern owners and it is unclear when a ruling can be expected. Click here for more information.

Colorado smoking ban upheld
Colorado’s statewide smoking ban was upheld by a federal judge, rejecting the argument that it violated the constitutional rights of bar owners. The lawsuit was filed on behalf of coalition member Shari Warren, owner of the Spirit Keeper Tavern in Black Forest, who claimed that the ban was harming her business. The coalition’s main argument was that the law violated the Equal Protection Clause of the 14th Amendment, permitting smoking in some locations. The judge ultimately decided that the exemptions were not irrational or unfair. To read more, click here.

Mississippi:

Judge rejects separate account for $20 M in anti-tobacco money
Chancellor Jaye Bradley rejected an anti-tobacco group's request to create a separate account for $20 million in anti-tobacco funds until the state Supreme Court can decide the fate of the money. The decision means the money will go into the state Health Care Trust Fund, where legislators could spend it on other programs such as Medicaid. Some health advocates fear that moving the money could hamper anti-smoking programs already sponsored by The Partnership for a Healthy Mississippi -- a private, nonprofit group that has been funded by some of the state's annual payments from settlement of a massive lawsuit against tobacco companies. Click here and here to read more.

Texas:

Smoking ban battle reignites
A federal judge found that some provisions in the enforcement section of Austin’s smoking ban to be “unconstitutionally vague.” The decision did not overturn the smoking ban, which took effect in May 2005, but did specify what steps a business owner must take to be in compliance with the law. The lawsuit was filed by a group of bar owners last year over concerns that they would be held responsible for people not abiding by the law. The decision has shifted the responsibility of enforcement to the individuals smoking in public places as opposed to the owners of the establishments, after the owners have taken the “necessary steps.” Attorneys with the city of Austin announced that they will appeal the ruling. For now, more people are taking their chances and lighting up indoors. Click here to read more.

Washington:

Tobacco company fights cigarette curbs
R.J. Reynolds Tobacco has filed a federal lawsuit seeking to invalidate a Seattle city ordinance that bans the distribution of free sample cigarettes. R.J. Reynolds claims that the ban violates its freedom of speech provision in the First Amendment. A similar suit was ruled upon last year by a U.S. District judge when he invalidated a state law banning promotional distribution of cigarettes in Washington. To read more, click here.

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Canada:

Tobacco chief warns of damage from Canada lawsuits
Benjamin Kemball, president and chief executive of Imperial Tobacco Canada, Canada’s largest tobacco company, said that the company would prevail against current government lawsuits or go bankrupt. The company is currently being sued by the province of British Columbia for billions of dollars in damages associated with increased health care costs of smoking-related illness. Kemball stated that the amount of money that the province is requesting is more than the total profitability of the company, and if the province prevails, the result will be to bankrupt the industry. For the full news report, click here.

Altria, Tobacco companies can face trial in Canada, court rules
Altria Group Inc.'s Philip Morris International and other tobacco companies with operations outside Canada can be sued by British Columbia as part of its effort to recover money spent treating smoking-related illnesses. British Columbia's Court of Appeals ruled that Japan Tobacco Inc.'s R.J. Reynolds International, British American Tobacco Plc's British American Tobacco (Investments) Ltd., and B.A.T. Industries Plc cannot avoid a trial in the Canadian province by arguing they didn't have a presence there. For more information, click here.

Italy:

EU refers Italy to Court of Justice
The European Union has referred Italy to the European Court of Justice for its reluctance to enforce a strict ban on tobacco advertising for sporting events, specifically Formula One racing. Cigarette sponsorship of Formula One racing is on the decline, yet Marlboro logos continue to be present. The European Union is worried that the glamorization of cigarettes though advertisements at sporting events encourages young people to smoke. Additionally, the European Union has sent warnings to the Czech Republic, Spain, and Hungary. To read more about this story, click here.

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