Cole v. The Tobacco Institute

Plaintiffs alleged that defendant tobacco companies had knowingly made false statements as to the health dangers of smoking and the addictive qualities of nicotine through advertising and public statements, and therefore breached an express warranty.  However, the Court found that only one statement made before the Congress in 1994 was admissible, in which major cigarette manufacturer executives testified that they believed nicotine was not addictive. The Court found that the alleged misleading statement made by the Tobacco Institute, Inc. and The Council for Tobacco Research USA, Inc. did not constitute an express warranty, because it was not made by sellers of tobacco.  Moreover, similar statements made by cigarette manufacturers were made 42 years after the plaintiff's addiction to tobacco and they could not have misled the plaintiff.


Cole, et al. v. The Tobacco Institute, Inc., et al., 278 F.3d 417, United States Court of Appeals, Fifth District (2001).

  • United States
  • Dec 28, 2001
  • United States Court of Appeals, Fifth Circuit



  • Agnes Vondy
  • Barbara Orr
  • Bryan Gibson
  • Carlis Cole
  • Charles Banks
  • Charles Cole
  • Dale Sonnier
  • Daniel Hughes
  • Danny Gibson
  • Darrell Orr, Sr.
  • Frank O'Pry
  • Gabrielle Gibson
  • Gayla Gibson
  • Joseph Wray
  • Jules Williams
  • Kaffie Williams
  • Linda Goodwin
  • Louis Ardooin
  • Luanne Davis
  • Patricia Gibson
  • Patrick Gibson
  • Paul Gibson
  • Paul Wray Ewing
  • Ronald French
  • Ruth Davis
  • Thomas Wray


  • Brown & Williamson Tobacco Corporation
  • Liggett Group, Inc.
  • Lorillard Tobacco Company
  • Philip Morris, Inc.
  • R.J. Reynolds Tobacco Company
  • The American Tabacco Company
  • The Council for Tobacco Research USA, Inc.
  • The Tobacco Institute, Inc.
  • United States Tobacco Company

Legislation Cited

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product