Legal

National

Court moves ‘light’ cigarette suit forward (MA)
The highest court in Massachusetts ruled that individual smokers can use state consumer protection laws to bring lawsuits against Philip Morris Inc. regarding the company’s marketing of its Marlboro Lights product. The ruling allows smokers to sue cigarette makers that promoted their ‘light’ and ‘low tar’ brands as safer smoking alternatives. The ruling was brought about by a 1998 case where Massachusetts smokers claimed that Philip Morris practiced deceptive marketing since its Marlboro Lights brand did not actually have lowered tar or nicotine content. The ruling is a small victory for the smokers who can now move the lawsuit forward; however, they must now prove that the tobacco marketing violated the state’s consumer protection law. Click here to read more.

Mayor Bloomberg announces key ruling in lawsuit to collect $195 million in tax revenue from illegal cigarette sales (NY)
New York City Mayor Michael R. Bloomberg, Finance Commissioner Martha Stark and Corporation Counsel Michael A. Cardozo announced a significant ruling in the City’s case against cigarette dealers located on a Long Island Indian reservation that serves as a major source of bootlegged cigarettes into New York City. The tax losses from the sales by the eight businesses named in the lawsuit alone amount to $195 million for the City and an additional $525 million for the State. Judge Carol Bagley Amon of Federal District Court for the Eastern District in Brooklyn ruled that the stores were not protected from the City’s lawsuit by sovereign immunity, which can bar lawsuits against certain Indian tribes and tribal businesses. The court found that the cigarette sellers located on the Poospatuck Reservation in Mastic, Long Island, did not meet the factors that are necessary to show that the cigarette businesses were operating as part of the tribe’s own economic activity, in part because the store owners, not the tribe itself, profited from the businesses.  Click here to read more.

Vermont's lawsuit against R.J. Reynolds goes to judge (VT)
The lawsuit filed by the state of Vermont against tobacco company R.J. Reynolds is nearing an end. The state is suing R.J. Reynolds stating that the company promoted its Eclipse cigarettes as a safer alternative without being able to validate this claim. The state also contends that the tobacco company pushed this brand in an attempt to reduce the number of smokers trying to quit. The tobacco company upholds that it only promoted Eclipse as having less risk when compared to other brands in the same class. Closing arguments have been made but the judge has not yet stated his ruling. The verdict will set a legal precedent for tobacco companies’ marketing claims about reduced-risk tobacco products. Click here to read more.

International

Ont. prepares to sue tobacco companies (Canada)
In an attempt to recover the exorbitant costs associated with tobacco-related illnesses in Ontario, Attorney General Chris Bentley introduced legislation that would allow the province to directly sue the tobacco companies for alleged wrongdoing and recovery of tobacco-related damages. Bentley says that the province spends $1.6 billion annually on tobacco-related health care expenditures and these costs should not be absorbed by the government and the taxpayer. Past attempts at passing similar legislation in Ontario have been unsuccessful, but comparable laws have been passed and implemented in other provinces. Click here to read more.

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