Legal
State
Suit challenges break for cigarette makers in appeals (FL)
Although Florida lawmakers have extended a financial break for tobacco companies that are facing a multitude of lawsuits because of smoking-related illnesses, the policy continues to be contested in court. A state law is currently in place to minimize the bond tobacco companies must post when appealing court rulings against them. The state has allowed companies this concession because Florida relies on money from tobacco companies to help fund Medicaid and other health programs, and the number of lawsuits could drive the companies to bankruptcy. Although a key part of the law was set to expire at the end of 2012, lawmakers recently approved legislation that would extend the policy indefinitely. An appellate attorney who is representing families in cases against tobacco companies has taken legal action against the financial break for tobacco companies, stating that it is unconstitutional to give cigarette companies special treatment. Read more here.
$5M verdict in Soffer tobacco trial for Avera and Smith (FL)
A Florida jury has awarded $5 million in damages to family members of Maurice Soffer, a man who died due to his cigarette addiction. R.J. Reynolds was found liable for Soffer’s death on negligence and product liability claims. Read more here.
U.S. Supreme Court says tobacco companies must pay into Louisiana stop-smoking program (LA)
Resolving a case that was originally filed in 1996, the U.S. Supreme Court ruled that major tobacco companies must pay for smoking cessation programs in Louisiana. The plaintiffs had argued that tobacco companies misled consumers about the addictiveness of nicotine. New Orleans Civil Judge Richard Ganucheau will now determine which types of smoking cessation programs are eligible for reimbursement. Click here for more details.
Family loses tobacco lawsuit (MA)
A Massachusetts jury has found that tobacco manufacturer Philip Morris was not responsible for the lung cancer death of former smoker Stephen Haglund. Haglund began smoking Philip Morris’ Marlboro cigarettes in 1970, and died of lung cancer in 2000. The plaintiffs argued that Philip Morris breached an implied warranty of merchantability when the company failed to market nicotine-free cigarettes, but the jury decided that Marlboro cigarettes were not defectively designed or unreasonably dangerous. Read more here.
Setback spurs Senecas to top N.Y. appeal (NY)
The Appellate Division of the New York State Supreme Court has decided to allow New York State to collect taxes from Indian tribes that sell cigarettes to non-Indian customers. The state loses at least $110 million per year on taxes that go uncollected from Indian businesses. Seneca Nation President Robert Odawi Porter has vowed to dispute the ruling, and plans to seek a review of the Court’s decision. Read more here.
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National
New resources from the Tobacco Control Legal Consortium
The Tobacco Control Legal Consortium has published two new resources as part of a series of tobacco policy guides. The latest publications cover the Tobacco Control and the Equal Protection Clause and the Tobacco Control and the Void-for-Vagueness Doctrine. Both documents serve as technical assistance guides to serve as starting points for organizations interested in implementing tobacco control measures. Understanding these legal principles as they pertain to tobacco control can help advocates draft legislation that can withstand legal challenges. Click here to view a listing of the Consortium’s toolkits and guides.
U.S. judge declines to shut tobacco racketeering case
A court overseeing an extended battle between the Justice Department and an array of tobacco companies declined to shut the case solely because tobacco is now regulated by the Food and Drug Administration (FDA) under the 2009 Tobacco Control Act. The companies argued that the Justice Department lost jurisdiction over the case when the FDA gained authority to regulate tobacco, but Judge Gladys Kessler found the companies’ case that there would be no further racketeering violations under FDA rules “unconvincing.” Kessler convicted Philip Morris and other tobacco companies of racketeering in 2006, and required that the companies stop using misleading descriptors such as “light,” “low,” and “mild.” Read more here.
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International
Tobacco giant Philip Morris suing Uruguay over ban (Uruguay)
Philip Morris is claiming that Uruguayan policies on tobacco control are damaging the company’s performance in the country. If Philip Morris is successful, Uruguay will go before the International Center for Settlement of Investment Disputes, an autonomous institution established to handle international investment disputes. In Uruguay, smoking is banned in public buildings, tobacco advertising is banned and cigarette packets must carry large health warnings. The Uruguayan Government has stated that it is within the rights of the country to defend the citizens’ public health and prohibit damaging and unhealthy activities. This is the first time that a tobacco company has launched a claim against a country, and analysts believe Philip Morris chose to take on Uruguay rather than a larger Western country in the lawsuit, recognizing this as a precedent-setting legal battle. Read more here.
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