Legal

National

First Circuit Court of Appeals rules against Phillip Morris in ‘lights’ class action
The First Circuit Court of Appeals has reinstated a class action lawsuit regarding ‘light’ cigarettes filed against Philip Morris on behalf of Maine residents. In May of 2006 the lawsuit was dismissed by a Maine district court on grounds that the Federal Cigarette Labeling and Advertising Act and actions by the Federal Trade Commission (FTC) preempted the state’s consumer protection statues. However, in the current ruling, Judge Jeffrey R. Howard concluded that Phillip Morris’ claims were futile and contradicted by a 2006 U.S. Solicitor General filing stating that the FTC had never cleared an official definition of ‘light’ or ‘low tar.’ Click here to read more about the ruling.

Oregon high courts hears case against Big Tobacco
The Oregon Supreme Court considered the arguments of a class action lawsuit requesting that tobacco companies help pay for screening tests to detect lung cancer, emphysema, and other smoking-related diseases. Although two lower courts have rejected these claims, the Supreme Court listened to the argument that Oregonians have the right to avoid future physical harm and that having tobacco companies pay for medical tests like CT scans would help them accomplish this. The lawsuit does not seek monetary compensation for the smokers represented in the lawsuit, but rather tobacco industry support for monitoring, smoking cessation programs and a public awareness campaign that would highlight both.  Click here to read more.

Wisconsin: Snuff settlement includes $816 apiece in coupons
A class action lawsuit brought against smokeless tobacco maker UST Inc. will include coupons for smokeless tobacco products, which will make them much more affordable over the next twenty years. The original lawsuit was filed on behalf of a smokeless tobacco consumer who alleged that UST Inc. was charging too much for it products and monopolizing the market. In order to receive the coupons, consumers must have purchased UST products between 1990 and 2004. This aspect of the settlement has renewed debate on how to go about reforming class action lawsuits to protect the consumer. To read more about the settlement, click here.

Oklahoma Attorney General: Hands off tobacco funds
Oklahoma Attorney General Drew Edmondson has concluded that the State Legislature cannot spend earnings from the Oklahoma Tobacco Settlement Endowment Trust Fund. The chairman of the tobacco trust’s board of directors requested the opinion after the Legislature attempted to spend some of the earnings last year. After reviewing the ways in which the trust fund earning can be spent as specified in the state’s constitution, the Attorney General made it clear that any legislation giving the legislature the power to direct expenditures from the trust fund would be unconstitutional. Click here to read more.

UC Regents to let researchers continue to get tobacco industry grants
The University of California Board of Regents has decided to continue allowing faculty researchers to receive grants from the tobacco industry with several stipulations. The Regents voted 14-4 in favor of allowing tobacco industry sponsorship for research, provided that any proposal for tobacco industry funding be considered by a scientific review committee and be approved by the chancellor of the campus where the research would take place. The UC president will also be required to submit an annual report to the Board of Regents detailing the number of proposals submitted, approved and funded, along with a description of each project. To read more, click here.

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