TOBACCO CONTROL LAWS

Curtis v. Altria Group, Inc., et al.

Appellants, consumers of Marlboro Lights in Minnesota, and respondents, Altria Group and Philip Morris, challenge all of the rulings of the district court which dismissed some of appellants' claims and denied appellants' motion for summary judgment.  The Court held in favor of the appellants, finding, among other things, that the district court had erred in dismissing appellants' claims under a state consumer protection law because appellants established a sufficient public benefit to maintain the action and that such claims may be pursued even after the government acts to redress the same misrepresentations.

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Curtis V. Altria Group, Inc., et al., 792 N.W.2d 836, Minnesota Court of Appeals (2010).

  • United States
  • Dec 28, 2010
  • Minnesota Court of Appeals

Parties

Plaintiff

  • Gregory Curtis
  • Others

Defendant

  • Altria Group, Inc.
  • Philip Morris, 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)
Packaging and Labeling Measures
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)
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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