Legal
Reports
Tobacco Control Legal Consortium - Legal Update Summer 2011
The latest issue of the Legal Update, the newsletter of the Tobacco Control Legal Consortium, is now available. This issue includes an assessment of U.S. progress in tobacco control over the last decade, as well as findings from the latest polls on public perceptions toward tobacco control initiatives. Also featured are overviews of several significant ongoing legal challenges to tobacco legislation, a few recent items related to federal tobacco legislation, and an “Ask a Lawyer” article on legal issues employers should consider when setting up a tobacco cessation program in the workplace. The Legal Update also includes a profile of a tobacco law attorney who has championed public health policy, a compilation of recent Consortium tobacco policy resources, and links to other useful tobacco and public health law resources and information on upcoming tobacco law events. Click here to view the newsletter.
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State
Jury orders Philip Morris USA Inc. to pay $12.8 million to son for father's lung cancer death (CA)
A California jury has awarded $12.8 million in damages to the son of Richard Boeken, a man who died of lung cancer due to his cigarette addiction. Philip Morris was found liable for the son’s loss of his father’s love and guidance. Richard Boeken had been awarded $55 million in damages before his death. Read more here.
Bill Wichmann wins Ciccone Engle tobacco trial (FL)
A Florida jury has awarded $50,000 in damages to family members of George Ciccone, a man who died of lung cancer and chronic obstructive pulmonary disease (COPD) due to his cigarette addiction. R.J. Reynolds was found 30% liable for Ciccone’s death on negligence and product defectiveness claims. Click here for more details.
Jackson Co. judge rules in tobacco settlement (MS)
A Mississippi judge has ruled that R.J. Reynolds, a subsidiary of Brown and Williamson, shortchanged the state of Mississippi by millions of dollars when it failed to produce reports on its profits from cigarettes manufactured for Star Tobacco. Brown and Williamson is one of the major cigarette companies that were ordered to pay money to states in the 1998 Master Settlement Agreement. R.J. Reynolds shortchanged the state by $3.8 million, and will be required to pay Mississippi a total of $8.1 million with interest. Find out more here.
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National
Cigarette makers sue FDA over new labeling rules
Several of the largest tobacco companies in the United States have sued the U.S. Food and Drug Administration (FDA), claiming that a law that will require new graphic warning labels to be placed on cigarette packages is a violation of the companies' First Amendment rights and forces the tobacco companies to engage in anti-smoking advocacy on behalf of the government. Read more here. Update: U.S. judge sets September hearing on cigarette ads A judge will hear the tobacco industry’s request to block the FDA’s graphic label requirements on September 21, 2011. Click here for the full story.
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International
Federal court deals new blow to tobacco giants over plain packaging battle (Australia)
The Australian federal court has decided to dismiss British American Tobacco’s attempt to gain secret government legal advice on the government’s plan that requires cigarettes be sold in plain packaging. The court decided that the legal advice is still under professional privilege and therefore private. This ruling will make it more difficult for the tobacco industry to challenge the plain packaging law. Read more here.
Tobacco firm lose major Canada liability ruling (Canada)
The Canadian Supreme Court has ruled that the Canadian federal government is not liable for health-related lawsuits by Canadian provinces against tobacco companies. The tobacco companies argued that the federal government should take some responsibility for allowing the use of tobacco products. The court decided that the government was only regulating the tobacco industry in order to protect the health of the citizens and therefore is not responsible for claims made against the tobacco companies. Health advocates welcomed this court ruling, viewing it as a setback for tobacco companies. Read more here.
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