TOBACCO CONTROL LAWS

Donovan v. Philip Morris USA

A class of cigarette smokers sued Philip Morris in an effort to make the company pay for medical monitoring to detect early signs of lung cancer. The class alleged that Philip Morris marketed Marlboro cigarettes with excessive carcinogens. The judge partially denied the summary judgment motion from the class ruling that they couldn't prove the company could have feasibly marketed a safer alternative cigarette.

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Donovan v. Philip Morris USA, Inc., Civil Action No. 06-12234-DJC (D. Mass., 2014).

  • United States
  • Dec 12, 2014
  • U.S. District Court of Massachusetts

Parties

Plaintiff

  • Kathleen Donovan
  • Patricia Cawley

Defendant Philip Morris USA, Inc.

Legislation Cited

Massachusetts General Laws Ch. 93A - Consumer Protection Law

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

Liability
Measures dealing with criminal and civil liability, including compensation. (See FCTC Art. 19)

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
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.

Type of Tobacco Product

None

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