Legal

State

E-cigarette maker accepts California marketing limits (CA)
Electronic cigarette manufacturer Smoking Everywhere has reached a settlement with the state of California, in which it agreed to not target sales and advertisements to minors or make claims that its products are safe alternatives to tobacco products. Similar to a settlement the state made in August with e-cigarette manufacturer Sottera, this agreement prevents Smoking Everywhere from marketing or selling e-cigarettes to minors; selling flavored cartridges that appeal to minors; advertising its products as smoking cessation devices without FDA approval; and making claims about the safety or composition of their products without scientific evidence to support the claims. The company will also implement quality control standards, submit to independent audits, pay $170,000 in penalties and fees, and place warnings on its product packages to indicate they contain nicotine. Click here to read more, or click here for a statement from the California Attorney General's Office.

Engle progeny cases: Updates (FL)
Engle progeny cases stem from a class-action lawsuit thrown out by the Florida Supreme Court in 2006, and involve smokers or families of smokers suing tobacco companies for damages related to smoking. In one recent case, the family of deceased smoker James Kayce Horner has been awarded $80 million in damages by a jury that found cigarette manufacturer R.J. Reynolds 90% responsible for his death (Webb v. R.J. Reynolds). The win comes after juries ruled in favor of the defense in three recent Engle progeny cases, creating an eight-case winning streak for the tobacco industry. Prior to that, from April 2009 to June 2010, plaintiffs won sixteen cases in a row. A newsfeed of information from the Courtroom View Network about recently-ended and ongoing Engle progeny cases can be found here. Case summaries, live webcasts, and video recordings of many trials are also available. The Engle Verdict Tracker webpage, last updated at the end of October, contains information regarding the outcomes of the 28 Engle progeny cases that occurred to that date and provides breakdowns of each case by date of verdict and the amount awarded to the plaintiff. As of October 26, about 8,000 more cases across the state were pending.

Tobacco lawsuit cites long-ago cigarette giveaways (MA)
A wrongful death trial against Lorillard has started in Massachusetts, with the plaintiff claiming that the company used illegal marketing tactics that got his mother addicted to cigarettes as a child and ultimately led to her death from lung cancer at age 54. The plaintiff, the son of deceased smoker Marie Evans, says that Lorillard illegally gave away free cigarettes to his mother and other children in urban neighborhoods as a method of attracting new smokers. They also state that Lorillard and other tobacco companies targeted African-American youth with the giveaways and media advertising. Lorillard disputes these claims, saying that there is no evidence that the company gave Evans cigarettes and that they could not be held liable for any harm that occurred after 1969, when cigarette packages were first required to carry warning labels. Click here to read more.

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National

New issue of Tobacco Control Legal Consortium's Legal Update available
The latest issue of the Legal Update, the newsletter of the Tobacco Control Legal Consortium, is now available. This issue announces the launch of the national Public Health Law Network, a new national resource for those working at the intersection of health and law. It also features the latest Food and Drug Administration actions under the Family Smoking Prevention and Tobacco Control Act; new Consortium resources for state and local governments interested in regulating tobacco advertising and promotion, the tobacco retail environment, and tobacco pricing; information about the process of submitting comments on tobacco rules and regulations to a federal agency; the latest on the "Engle progeny" tobacco product liability lawsuits; recent news on smoke-free laws; and information about the Public Health Law Center's website on Preemption and Movement Building. Links to useful tobacco law-related resources and information on upcoming tobacco law events are also included. Click here to access the November 2010 issue of Legal Update.

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International

Uruguay court dismisses Philip Morris tobacco challenge (Uruguay)
The Supreme Court in Uruguay has dismissed a case brought to court by Philip Morris International claiming that the country's anti-tobacco laws are unconstitutional. The laws, enacted in March of 2006, require large health warnings on cigarette packages, ban tobacco advertising, and prohibit the use of multiple package designs for one brand. Philip Morris argued that these laws violate a bilateral investment treaty, infringe on individual rights, and were inappropriately passed by governmental decree instead of by national lawmakers. The Supreme Court ruled that the country's government has the duty to implement measures that are considered necessary to maintain the health of its citizens. The company has also filed a complaint with the International Center for Settlement of Investment Disputes of the World Bank to seek damages caused by the laws. Click here to read more about the Uruguay case or click here to read more about similar lawsuits filed by tobacco companies against other countries.

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