TOBACCO CONTROL LAWS

Cole v. The Tobacco Institute

Plaintiffs brought action against several tobacco manufacturers for diseases allegedly caused by smoking.  British American Tobacco moved to dismiss the action based on lack of personal jurisdiction because the company was based in Great Britain.  Plaintiffs argued, however, that the defendant had sufficient connection with the State of Texas and that the Court's exercise of jurisdiction over the defendant would not offend "traditional notions of fair play and substantial justice".  The Court found controlling ADR (stock sale) programs along with activities seeking to attract U.S. investors constituted continuous and systematic activity in the United States and was sufficient to establish jurisdiction.  Accordingly, the Court denied the motion to dismiss.

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Cole, et al. v. The Tobacco Institute, et al., 47 F.Supp.2d 812, United States District Court, E.D. Texas, Beaumont Division (1999).

  • United States
  • Mar 26, 1999
  • United States District Court for the Eastern District of Texas, Beaumont Division
View Case History

Parties

Plaintiff Carlis Cole

Defendant

  • British American Tobacco
  • The Tobacco Institute

Legislation Cited

Texas Long Arm Statute. Tex.Civ.Prac. & Rem.Code.Ann. §§ 17.041-045 (1986)

Related Documents

None

Type of Litigation

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

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.

Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.

Type of Tobacco Product

None

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