Blue Cross and Blue Shield of New Jersey v. Philip Morris, Inc.

A health insurer sued several tobacco companies under the New York Consumer Protection Act, seeking recovery of medical costs that resulted from the companies' fraudulent misrepresentations of the health effects of smoking. Following a jury verdict in favor of the plaintiff, the defendants moved for a dismissal as a matter of law on the grounds that the plaintiff failed to prove a cause of action. The Court denied the motion, holding that sufficient evidence existed to support the jury's determination that the defendants had deliberately misled the public about the health effects of smoking and that the higher healthcare costs paid by the plaintiff were a foreseeable and direct result of defendants' actions.  Furthermore, the Court found that the defendants' due process rights and rights to a jury trial were not violated by plaintiff's utilization of broad-based statistical evidence to prove causation and damages.


Blue Cross and Blue Shield of New Jersey, Inc., et al. v. Philip Morris, Incorporated, et al., 178 F. Supp. 2d 198, United States District Court for the Eastern District of New York (2001).

  • United States
  • Oct 19, 2001
  • United States District Court, Eastern District of New York


Plaintiff Blue Cross and Blue Shield of New Jersey, Inc., et al.


  • British American Tobacco, Ltd.
  • Brown & Williamson Tobacco Corporation
  • Liggett Group, Inc.
  • Lorillard Tobacco Company
  • Philip Morris, Incorporated
  • R.J. Reynolds Tobacco Company

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product