Legal

State

Conn. smoker awarded $4M more in tobacco lawsuit (CT)
In the first case of its kind in New England, a Connecticut resident has been awarded nearly $12 million in damages after a jury found R.J. Reynolds partially responsible for her larynx cancer. In the case, lawyers for Barbara Izzarelli, a smoker for 25 years, claimed that R.J. Reynolds’ Salem cigarettes were a dangerous and defective product, and that the company had illegally marketed them heavily to minors in the 1970s to establish an addicted customer base. R.J. Reynolds denied these allegations and noted that cigarettes have had health warning labels since the 1960s, which should have allowed Izzarelli to make her own decision about smoking. A jury found R.J. Reynolds 58% responsible for Izzarelli’s illness in May, awarding her $8 million in compensatory damages. The punitive damages were left for the judge to determine and were set at $3.97 million, which will cover attorney fees and other legal costs; another $15.8 million in interest is expected in addition to the damages. Read more here.

Minnesota court revives suit against Philip Morris (MN)
The Minnesota Court of Appeals has decided to allow a class-action suit to proceed against Philip Morris. Originally filed in 2001, the lawsuit alleges that Philip Morris used false advertising, committed consumer fraud, and used deceptive trade practices when it marketed Marlboro Lights as safer than regular cigarettes despite having evidence that the information was not true. The plaintiffs have sought payment for cigarettes they purchased, legal fees, and a portion of the company’s profits. The appeals court overruled a 2009 lower court decision that a settlement between the state and Philip Morris prevented a class-action suit from proceeding, saying that the settlement does not provide remedy to individual consumers injured by the company. Philip Morris is expected to submit an appeal to the Minnesota Supreme Court. Read more here and here.

Judge rejects city law on antismoking posters (NY)
U.S. District Court Judge Jed S. Rakoff has ruled against a New York City law that required all city convenience stores to post graphic images depicting tobacco-related illnesses in an effort to discourage people from purchasing cigarettes. Tobacco companies and the New York State Association of Convenience Stores filed the lawsuit, claiming that the law violated the retailers’ First Amendment rights, and that cigarette warnings should be regulated under federal, not local, law. In his decision, the judge said that while the law had good intentions, the Labeling Act of 1965 dictates that only the federal government has jurisdiction to regulate cigarette warnings and advertisements. The city’s health department disagrees with the ruling, saying it is the city’s responsibility to help smokers quit and prevent children from smoking. The city’s lawyers are planning to appeal the decision. Click here for more information, or click here for a press release from the Campaign for Tobacco-Free Kids.

Ohio Supreme Court rules to allow state to dissolve tobacco prevention and cessation programs (OH)
The Ohio Supreme Court has upheld an appeals court decision that allows the state to use money originally held for tobacco control programs to help fund other state programs. The legislature passed a bill in 2008 that dissolved the state anti-tobacco agency and reallocated tobacco control money set aside after the 1998 Master Settlement Agreement in order to provide funds to other state programs. Ohio was sued by two ex-smokers and the Legacy Foundation, who claimed that the law was invalid because the money was in a trust, and therefore lawmakers did not have the authority to reallocate the funds. With this court decision, nearly $260 million earmarked for tobacco control will be allocated to health and child assistance programs like Medicaid; $40 million has been reserved to continue tobacco control programs through the state Department of Health. Click here to read more, or click here to read a statement from Legacy condemning the court decision.

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National

FDA files new appeal on e-cigarettes
After being denied an appeal over its case seeking regulatory power over electronic cigarettes in December, the Food and Drug Administration (FDA) has petitioned the entire U.S. Court of Appeals in the District of Columbia to review it. The FDA is arguing that e-cigarettes are drug or medical devices and therefore must have preapproval from the agency before being put on the market. Previously, a panel of judges decided that e-cigarettes are tobacco products, and must be regulated as such unless the manufacturers make claims that e-cigarettes help smokers quit or treat an illness. The FDA has asked the court to reestablish a stay of a preliminary injunction that would prevent e-cigarettes from being imported, pending the request for a rehearing. Click here to read more.

TCLC introduces Tobacco Policy Tips and Tools
People working on tobacco control issues often need helpful information immediately. With that in mind, the Tobacco Control Legal Consortium has launched a series of short reference guides called Tobacco Policy Tips and Tools. These guides address current tobacco policy issues. The first three publications cover Regulating Tobacco on Campuses, Regulating Hookah and Waterpipe Smoking, and Regulating Smoking Outdoors. After reviewing each guide, readers may consult with Consortium staff attorneys or local counsel as their policy efforts move forward. To request other topics for the Consortium to cover in Tips and Tools, email publichealthlawcenter@wmitchell.edu.

Kids, cars and cigarettes: Policy options for smoke-free vehicles
The Tobacco Control Legal Consortium's parent organization, the Public Health Law Center, has just released a white paper describing policy options for regulating smoking in cars carrying children. The paper was prepared with the financial support of the American Lung Association of Minnesota. Click here to access the new policy options brief, or click here for a short overview.

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