TOBACCO CONTROL LAWS

Chamberlain v. American Tobacco Company, et al.

The plaintiffs, a class of smokers, filed an action against the defendants, tobacco companies, for breach of warranty, unfair, deceptive or fraudulent business practices, unfair competition and false advertising and unconscionable acts and practices in violation of Ohio's Consumer Protection Statutes and breach of implied warranties of merchantability and fitness for ordinary use. The plaintiffs claimed harms to health created by addictive effects of nicotine and defendants' actions since the 1950s to undermine and distort information on smoking and health that was shared with the public. The defendants successfully removed the case to federal court, and now, plaintiffs moved to remand case to state court. Because the plaintiffs did not have "an arguably reasonable basis" for recovery from defendants, the Court denied the plaintiff's motion to remand.

Chamberlain v. American Tobacco Co., et al., 70 F.Supp.2d 788, United States District Court for the Northern District of Ohio, Eastern Division (1999).

  • United States
  • Apr 12, 1999
  • United States District Court for the Northern District of Ohio, Eastern Division
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Parties

Plaintiff Judith E. Chamberlain

Defendant

  • American Brands, Inc.
  • American Tobacco Company, Inc.
  • B.A.T. Industries P.L.C.
  • BATUS Holdings, Inc.
  • British American Tobacco Co., Ltd.
  • Brooke Group, Ltd.
  • Brown & Williamson Tobacco Corp.
  • Eby-Brown Company
  • Liggett & Myers, Inc.
  • Liggett Group, Inc.
  • Loews Corp.
  • Lorillard Tobacco Co.
  • Lorillard, Inc.
  • Novelart Manufacturing Company
  • Phillip Morris Companies, Inc.
  • Phillip Morris, Inc.
  • R.J. Reynolds Tobacco Company
  • Rini Rego Supermarket, Inc.
  • Riser Foods Inc.
  • RJR Nabisco, Inc.
  • Tobacco Institute, Inc.
  • United States Tobacco Co.
  • UST, Inc.

Legislation Cited

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.
Personal Injury
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.

Tobacco Control Topics

Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Consumer Protection Violation

Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.

Industry-Perpetrated Fraud
The tobacco industry may have perpetrated a fraud upon the public or the courts by presenting false information or deliberately hiding known-facts.

Type of Tobacco Product

None

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