Lawsuits

National

U.S. DOJ ruling applies to tobacco industry deceit internationally
Judge Kessler ruled that the remedies she ordered in the federal racketeering case (U.S. v. Philip Morris) also apply to tobacco industry practices outside the United States. In doing so, Judge Kessler affirmed the prominent role tobacco companies in the United States play in global tobacco affairs. To read more about the ruling, click here.

U.S. Supreme Court hears oral arguments in Watson “light” cigarette case
The U.S. Supreme Court heard oral arguments in the Lisa Watson v. Philip Morris case, which is a consumer protection lawsuit that claims that Philip Morris violated the state of Arkansas’ deceptive advertising law in making claims about its “light” cigarettes. Although this case would normally be heard at the state level, Philip Morris succeeded in having it transferred to federal court, where civil lawsuits have been less successful. The heart of this hearing is whether a private company is entitled to remove civil action brought in state court to the federal level under the Federal Officer Removal Statute. To read more about the hearing, click here.

Tillery and Byron team up to revive $10.1 billion Philip Morris verdict
Madison County Circuit Judge Nicholas Byron and attorney Stephen Tillery are revisiting a $10.1 billion lawsuit against Philip Morris. In 2003, Judge Byron awarded the $10.1 billion to a class of Philip Morris smokers who claimed that they were misled by the company’s representation of light cigarettes. The lawsuit was overturned by the Illinois Supreme Court in 2005 on the grounds that the Federal Trade Commission (FTC) had authorized the labeling of light cigarettes.  In the recently filed brief, however, Tillery affirms that no such regulations for light cigarettes were established by the FTC. Click here to read more.

Ohio Governor asks for appeal of smoking ban rule
Ohio Governor Ted Strickland asked for an appeal to a recent ruling regarding the exemption of private clubs to the state’s smoking ban. Last week Judge David Cain ruled that since private clubs are places of employment, smoking should not be allowed. In Ohio’s November election, voters approved legislation that both exempted private clubs and required places of employment to be smoke free. Click here to read more.

Dueling rulings on state preemption of local smoke free laws
Judges in South Carolina and Pennsylvania came to different decisions about preemption cases. The South Carolina case concerns whether the city of Greenville’s smoke free ordinance trumps an amendment to the state’s Clean Indoor Air Act. The Pennsylvania case concerns whether Erie County’s smoke free provision is lawful, which depends of whether the legislature successfully repealed the state’s Clean Indoor Air act preemption provision in 1999. To read more about the rulings, click here to read the article in the Tobacco Control Legal Consortium’s Legal Update.

‘Big Tobacco’ accused of cutting South Dakota short again
The state of South Dakota is preparing to go to court to recover at least $7.5 million from two tobacco companies that did not pay the required annual payment in full. The tobacco companies are withholding the money on the grounds that the state has not enforced terms of the contract, resulting in a loss of market share to companies not participating in the settlement. To read more, click here.

University of California faculty vote down tobacco ban
The Assembly of the faculty Academic Senate voted 43-4 against a proposed ban on accepting money for research from tobacco companies. This vote was a culmination of several years of debate about reconciling the desire for academic freedom and concerns about being affiliated with the tobacco industry. This recommendation will go next to the Board of Regents in July, which is expected to accept the Assembly’s decision. To read more, click here. Click here to read about Stanford University’s recent decision to continue to accept tobacco money.

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International

Nigeria: As tobacco control battle shifts to courts
The Lagos State government and the Environmental Rights Action/Friends of the Earth have filed a $2.7 trillion lawsuit against British American Tobacco Nigeria Limited and four other tobacco companies, which include Philip Morris International and the Tobacco Institute. They are seeking compensation for a variety of damages and the case rests on several factors: the tobacco industry’s recent admission of the harmful effects of tobacco, the illegal targeting of young people through marketing and advertising, and strategic placement of the mandatory health warning on cigarette packages to render warnings ineffective, among others. To read more about the lawsuit, click here.

Saudi Arabia to sue tobacco firms for more than $2.7 billion
Saudi Arabia is asking for more than $2.7 billion in damages from undisclosed tobacco companies. The lawsuit would require tobacco companies to pay 10 billion riyals ($2.67 billion) upfront, and 500 million riyals a year to cover tobacco-related illness costs. The trial will begin September 11, 2007. Click here to read more.

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