TOBACCO CONTROL LAWS

European Community v. RJR Nabisco, Inc.

The European Union sued RJR Nabisco claiming that the company directed and managed a global smuggling and money-laundering scheme with organized crime groups in violation of the Racketeer Influenced and Corrupt Organizations (RICO) law. In this decision, the court disagreed with a lower court and revived the case against RJR. The court ruled that RJR could be sued under the RICO law because (1) some of the underlying laws that were allegedly violated (e.g., money laundering) apply outside of the United States; and (2) violations of other laws (e.g., mail and wire fraud) occurred inside the United States. Additionally, the court ruled that the federal court has jurisdiction to hear the case because the European Union (known as the European Community in this lawsuit) qualifies as a foreign state.

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European Community v. RJR Nabisco, Inc., No. 11-2475-cv (2d Cir. 2014).

  • United States
  • Apr 23, 2014
  • U.S. Court of Appeals for the Second Circuit
View Case History

Parties

Plaintiff European Community, acting on its own behalf and on behalf of the Member States it has power to represent, Kingdom of Belgium, Republic of Finland, French Republic, Hellenic Republic, Federal Republic of Germany, Italian Republic, Grand Duchy of Luxembourg, Kingdom of the Netherlands, Portugese Republic, Kingdom of Spain, Individually, Kingdom of Denmark, Czech Republic, Republic of Lithuania, Republic of Slovenia, Republic of Malta, Republic of Hungary, Republic of Ireland, Republic of Estonia,

Defendant

  • Nabisco Group Holdings Corp.
  • R.J. Reynolds Global Products, Inc.
  • R.J. Reynolds Tobacco Company
  • R.J. Reynolds Tobacco Company, a North Carolina Corporation
  • R.J. Reynolds Tobacco Holdings, Inc.
  • R.J. Reynolds Tobacco International, Inc.
  • Reynolds American Inc.
  • RJR Acquisition Corp., f/k/a Nabisco Group Holdings Corp.
  • RJR Nabisco Holdings Corp.
  • RJR Nabsico, Inc.

Legislation Cited

Foreign Sovereign Immunities Act (FISA), 28 USC section 1603

The Travel Act, 18 USC section 1952

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.

Tobacco Control Topics

Illicit Trade
Measures relating to illicit trade, including smuggling, illicit manufacturing and counterfeiting. (See FCTC Art. 15)

Substantive Issues

Criminal Violation
A claim of an infringement of any criminal law.
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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