Legal
State
Plaintiff wins Bowman Engle tobacco trial (FL)
A Florida jury has awarded $1.5 million in damages to the wife of Michael Bowman, a man who died of esophageal cancer due to his cigarette addiction, which started when he was twelve years old. Cigarette company R.J. Reynolds was found 30% liable for Bowman’s death on negligence and product liability claims. Click here for more details.
Philip Morris cannot appeal light cigarette suit (IL)
An Illinois court rejected Philip Morris’s bid to appeal a decision that would revive a class action suit over the company’s alleged deceptive marketing of light cigarettes. In 2005, the Illinois Supreme Court ruled in favor of Philip Morris, but is now allowing plaintiffs to appeal the case. Read more here, or click here for additional background information on the case.
Ohio state lawsuit against Six Nations tobacco giant ends (OH)
Six Nations tobacco company has reached an agreement to pay the State of Ohio over one million dollars to end a lawsuit with the state. Ohio had opened a lawsuit because the tobacco company never established and funded an escrow account for the sale of its cigarette products from 2002 through 2004, as is required by the Tobacco Master Settlement Agreement. Read the Ohio Attorney General’s press release about the case here.
Federal appeals court says tribe must pay state cigarette tax (WA)
A federal appeals panel has upheld the decision that Washington State can collect cigarette taxes from non-Indian buyers who purchase cigarettes from Yakama tribal smoke shops. This decision will make taxes on cigarettes sold to non-Indians on the Yakama reservation equal to cigarette taxes charged by other retailers in Washington. The Washington Department of Revenue says that the outdated tax loophole caused the state to lose millions annually in tax revenue. Read more here.
Roll-your-own up and running again after court ruling (WI)
In September, the Wisconsin Department of Revenue informed roll-your-own cigarette retailers that they would be required to pay both manufacturer and distributor taxes associated with tobacco products. Retailers were also informed that they must pay back taxes and obtain permits from the state to sell roll-your-own cigarettes. However, this month, a Circuit Court judge issued a temporary restraining order in response to a request by three roll-your-own cigarette companies. The restraining order will prevent state officials from enforcing the notice about the new requirements until a November 23, 2011 court hearing which will determine whether the restraining order will continue. Roll-your-own cigarettes are taxed at a far lower rate than standard cigarettes, and health advocates believe the lower prices make the products attractive to youths. Read more by clicking here, or click here for background information on the state’s effort to increase the price of roll-your-own cigarettes.
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National
Cigarette mailing ban on Senecas is upheld
The Second Circuit Court of Appeals has decided that Seneca Indians are not allowed to use the U.S. Mail to ship tobacco products to customers, but they will not have to abide by the federal Prevent All Cigarette Trafficking (PACT) Act which requires internet and mail-order tobacco retailers to pay federal, state, and local taxes on the products that are shipped. Seneca Nation President Robert Odawi Porter says that this is a positive decision for Seneca retailers’ profits. Click here for more details.
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