Legal
State
Texas tobacco lawyers now file class action in Arkansas over light cigarettes (AR)
Several lawyers who developed a reputation for fighting big tobacco in Texas are joining with an attorney from Little Rock on a proposed Arkansas class action against several tobacco companies. Alleging that the companies falsified the benefits of smoking light cigarettes, the lawyers assert that the large cigarette makers participated in a “scheme of deception.”The lawsuit seeks economic damages for purchases of "light" or "ultra-light" cigarettes, but not for personal injury or healthcare costs. Click here for more details on this lawsuit.
Dealing with secondhand smoke at home: New fact sheets from TALC (CA)
The Technical Assistance Legal Center (TALC) has released a new fact sheet on legal options for condo residents in California who are suffering from secondhand smoke drifting into their unit. The most effective way to eliminate secondhand smoke in a condo complex is to prohibit smoking on the premises, but not all homeowners’ associations are ready to adopt a smokefree policy. For residents of a complex where a smokefree policy is not an option, TALC’s new fact sheet, “Options for Condo Owners Suffering from Drifting Secondhand Smoke,” outlines six alternative strategies. For those who are ready to pursue a smokefree policy, TALC has developed another fact sheet, “How to Make a Condo Complex Smokefree,” which outlines the three ways to proceed. Both fact sheets can be downloaded from TALC’s new website at www.phlpnet.org.
Longtime dealer sues Caesars over second-hand smoke (NV)
A proposed class action lawsuit has been filed against Harrah’s Entertainment and Caesar’s Palace, with a former blackjack dealer alleging that the casinos have not done enough to protect employees from secondhand smoke. The lawsuit states that the lead plaintiff was exposed to secondhand smoke during her twenty years as a blackjack dealer, and that precancerous cells were found in her stomach. The suit alleges that unlike other casinos that have taken significant steps to protect employees from secondhand smoke exposure, Caesar’s has only made some poker rooms smoke-free. Rather than seeking payment for employees’ health problems related to secondhand smoke, the lawsuit is seeking an order that will require Caesar’s Palace to take “reasonable measures” to protect employees from smoke exposure. Click here to find out more.
Smoking ban decision challenged (SD)
Thousands of signatures on a petition for a popular vote on South Dakota’s smokefree law have been recounted, and the Secretary of State has declared nearly 39% of the signatures invalid. The petitioners fell 221 signatures short of the number required to push back the implementation of the smokefree law until a popular vote is held. A representative of the bars and restaurants that circulated the petition has said that they will ask a judge to reinstate some of the signatures that were invalidated. Click here for more information. Update: Supporters of the petition won a stay in circuit court that will prevent the smokefree law from going into effect while the litigation proceeds. Read more here.
Altria, Reynolds sued for ‘light’ cigarette marketing (TN)
Two major cigarette companies, Altria and R.J. Reynolds, are being sued in a Tennessee lawsuit for their deceptive marketing of light cigarettes as safer than regular cigarettes. The lawsuit is currently seeking class action status, and is being led by three Tennessee residents on behalf of all smokers who have bought cigarettes branded as “light” or “ultralight” in the state since 2005. Read more here.
Wash. court: Cartoon cigarette ads broke agreement (WA)
Washington’s Division One Court of Appeals ruled this month that a cartoon image in a November 2007 ad campaign by R.J. Reynolds Tobacco Company that appeared in Rolling Stone magazine was in violation of the 1998 Tobacco Master Settlement Agreement. The initial June 2008 verdict in the state’s lawsuit over the ad favored the company. The original ruling stated that the cartoon was unlike traditional cartoons, since it was more thought-provoking than humorous. Eight other states sued Reynolds after the ad ran, but Pennsylvania is the only other state that has ruled against the company. R.J. Reynolds has yet to decide whether to appeal. Read more about the lawsuit here.
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National
Philip Morris sees decline in health lawsuits
According to a senior vice president from Philip Morris, the tobacco company faced fewer lawsuits in 2008 than in previous years. The number of pending individual health-related cases has declined by almost half, from 183 in 2007 to 96 as of May 1 of this year, according to a Philip Morris filing. The number of pending class-action cases has declined from 11 to seven over the same period. Although the company’s annual legal costs have remained steady at around $200 million for the past three years, the amount Philip Morris paid in judgments has decreased. The one area of growth in cases against Philip Morris has been “light” cigarette cases, in which smokers sue tobacco companies for misrepresenting the health hazards related to “low-tar” and “light” cigarettes. Click here to read more. Click here to read a summary of pending lawsuits against Philip Morris.
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