Legal
State
Florida smoker’s widow awarded $30 million (FL)
A Florida jury ordered R.J. Reynolds to pay $30 million to the widow of a lung cancer victim, who sued the tobacco manufacturer. This is one of the first individual trials after the Florida Supreme Court broke up a consumer class action suit against tobacco companies for fraud, conspiracy, and negligence in misleading consumers about the health effects of smoking. After that ruling, Florida smokers have filed individual lawsuits against tobacco companies. The lawyer for R.J. Reynolds refers to the large payout from this verdict as an “outlier,” stating that none of the other individual lawsuits had netted such a large award. The ruling against R.J. Reynolds is part of a recent string of consumer victories against tobacco manufacturers. Read more here.
Court nixes Ho-Chunk’s bid for cigarette tax refund (WI)
The Wisconsin Supreme Court has ruled that the state does not owe the Ho-Chunk Nation cigarette tax refunds of thousands of dollars in state taxes collected at its Dejope Gaming property in 2003 and 2004. A state law allows tribes to get refunds on 70% of cigarette taxes collected on tribal lands designated prior to January 1, 1983. The Supreme Court ruled that the land was not officially designated as a reservation or trust land until after January 31, 1983. If the ruling had gone in the favor of the tribe, they would have sought similar refunds for other years. Click here to read more.
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National
Using tobacco retailer licensing to provide penalties for violation of state drug paraphernalia laws
A new fact sheet explains a legal tool developed by the Technical Assistance Legal Center (TALC), to help advocates working on local tobacco retailer licensing ordinances engage with anti-drug coalitions on the issue of illegal sales of methamphetamine (meth) paraphernalia. The rationale for connecting drug paraphernalia enforcement with enforcing tobacco laws is that retailers of drug paraphernalia commonly sell cigarettes, often claiming that their drug paraphernalia is tobacco paraphernalia. This document explains this issue in more detail and contains background information on tobacco retailer licenses for those in the anti-drug community, an explanation of the California state law on sales of drug paraphernalia, the legal connection between local licensing ordinances and drug paraphernalia, advice on how to engage anti-drug coalitions in this effort, and survey data showing public support for such a policy. Click here to download the fact sheet.
Baltimore federal jury rejects Star's patent infringement claims against R.J. Reynolds
A Maryland jury ruled against Star Scientific in a patent dispute with Reynolds American. Star Scientific accused R.J. Reynolds of patent infringement over a tobacco curing process invented by the Star Scientific Chief Executive, which reduces cancer-causing elements in tobacco. The jury ruled that because of the way the patent was applied for, Star Scientific does not have exclusive patent rights to the technology. Read more here.
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International
‘Pegger takes on big tobacco (Canada)
A woman from Winnipeg has filed a class-action suit against fifteen tobacco companies alleging that the tobacco industry intentionally misled the public about the adverse health effects of smoking. The woman began smoking at the age of twelve after viewing advertisements portraying tobacco products as “glamorous” or “prestigious,” and which failed to warn about the harmful effects of smoking. Similar lawsuits have been unsuccessful in the past, but because of the “mounting array of evidence of wrongdoing by [tobacco] companies,” this time may be different, says the lawyer who filed the class action suit. Click here to read more.
Tobacco group launches lawsuit (Canada)
On behalf of Canadian tobacco growers, the New Tobacco Alliance Committee launched a $500 million claim against the Canadian and Ontario governments for allegedly attempting to destroy the local tobacco growing industry. The tobacco growers assert that the government has tried to cut cigarettes out of the market by overtaxing cigarettes, and creating a black market in which cigarettes are sold to Canadians at one-third the legal price. In a press release announcing the lawsuit, government policy is blamed for several economic issues related to Canada’s tobacco black market. Tobacco growers are seeking payment for the damages. Click here to read more.
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