TOBACCO CONTROL LAWS

Donovan, et al. v. Philip Morris USA, Inc.

This case involves the certification of questions of law to a state court by a U.S. district court.  In the district court action, a class of older smokers sought a program of medical monitoring for early detection of disease.  The defendant tobacco company filed motions to dismiss and summary judgment.  The state court ruled that plaintiffs had could maintain a claim under state law but could not determine if the statute of limitations on filing a claim had expired given the procedural posture of the case. 

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Donovan v. Philip Morris USA, Inc., 455 Mass. 215, Massachusetts Supreme Judicial Court (2009).

  • United States
  • Oct 19, 2009
  • Massachusetts Supreme Judicial Court

Parties

Plaintiff

  • Another
  • Kathleen Donovan

Defendant Philip Morris USA, Inc.

Legislation Cited

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

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.

Trade Violation
A claim of an infringement of any international trade agreement, including General Agreement on Tariffs and Trade (GATT), Technical Barriers to Trade (TBT), Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), or bilateral treaties.
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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