Legal

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Fla. jury to decide fault in smoking trial (FL)
In 2006, the Florida Supreme Court decided that a $145 billion punitive damages award to Florida smokers from cigarette companies was excessive. Because the class action lawsuit of 8,000 smokers and their families was dissolved, the first of the individual trials is being watched closely, as it will set the precedent for thousands of similar lawsuits to follow. The judge has portioned this lawsuit, Hess v. RJ Reynolds, into three parts: determining whether the smoker’s death resulted from nicotine addiction, establishing the degree to which the tobacco company is at fault, and if the company is at fault, and deciding how much financial compensation should be given. The jury has decided that Stuart Hess, a four-decade smoker who was unable to quit, was in fact addicted to nicotine. The lawsuit is currently in its second stage to determine the degree to which the tobacco company is at fault for Hess’ death. Click here to read the full report. Click here to read a synopsis of the case from AmericanLawyer.com. Update: Jury awards Cooper City widow $8 million from Philip Morris After nine hours of deliberation, the jurors awarded Stuart Hess’ widow $2 million and her son $1 million. They are also ordering Philip Morris to pay an additional $5 million for deceiving the public about the health risks and addictive properties associated with smoking. Click here to read more.

Blunt lawsuit pits rolling paper makers v. city: Boston ban on wraps starts Monday (MA)
Three major blunt wrap manufacturers attempted to put an emergency halt on the city of Boston’s recent ban on the sales of their products in local stores. The judge did not grant their halt but did decide to allow the manufacturers to take their case to a full hearing. The producers of the blunt wraps, which are tobacco based rolling papers, claim that the citywide ban is unconstitutionally singling them out. The director of the Boston Public Health Commission that spearheaded the ban says that since blunt wraps often come in tantalizing fruit flavors that are particularly threatening to youth. Fines for violations of the ban start at $200 and can increase up to $1000. Click here to read more.

State sues smoke shops, officials (OK)
Under the claim that many of the Creek Nation smoke shops have conspired to violate cigarette tax laws, the Oklahoma Tax Commission is suing more than a dozen Creek Nation smoke shop owners and several Creek Nation officials. The dispute has escalated beginning four years ago when the Creek Nation refused to sign a new tobacco compact believing that the proposed compacts do not protect the tax advantage that tribes have historically had over nontribal retailers. Without a tobacco compact, the Creek retailers have been able to obtain low-tax cigarettes creating an advantage in the high tax Tulsa area. To the state, this is a conspiracy that costs the state millions in tax revenues intended to reduce the smoking prevalence in Oklahoma and fund health initiatives. Click here to read more.

Ohio ruling is important step toward using tobacco settlement funds as intended-to reduce tobacco use and save lives (OH)
In a press release by the Campaign for Tobacco-Free Kids, the organization is commending an Ohio judge for his recent ruling that Governor Ted Strickland and the Ohio Legislature acted illegally when they attempted to retrieve $230 million in tobacco settlement funds to use for purposes other than tobacco use reduction. The Court stated that the intention of the legislature to use the funds elsewhere and reduce or eliminate current tobacco prevention programs in Ohio would be extremely harmful to the states citizens. A final decision has not been made but the current ruling indicates that the funds will probably remain under control of the Ohio Tobacco Prevention Foundation. Click here to read the full press release from the Campaign for Tobacco-Free Kids. Click here to read the Legacy Foundation’s position statement.

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