Gerrity v. R.J. Reynolds Tobacco Co.

Plaintiff, the son of a woman who died from lung cancer at the age of fifty-four, brought an action against the two tobacco product manufacturers that produced the particular brand of cigarettes that the deceased smoked. In addition to claims of consumer protection violations, the plaintiff asserted that the defendant tobacco companies intentionally misled the public about the existence of a controversy concerning evidence demonstrating the addictive properties of nicotine. The plaintiff also alleged that the tobacco companies misrepresented its conduct when stating that they would remove any ingredients found to pose risks to health from its products and that the companies deliberately marketed their products to minors as safe to consume. The defendants asked the United States District Court for the District of Connecticut to dismiss each of the plaintiff's consumer protection claims and asserted that the Federal Labeling Act preempted all of the plaintiff's claims concerning failures to warn the public of health risks associated with their products. The District Court denied the defendants' request for dismissal of the complaints, finding that the sufficiency of the plaintiff's assertions as to misrepresentations required further examination at trial and that federal law did not preclude the court from examining the sufficiency of the defendants' health warnings. 


Gerrity v. R.J. Reynolds Tobacco Co., et al., Civil No. 3:99cv1329 (JBA), United States District Court, District of Connecticut (2005).

  • United States
  • Nov 1, 2005
  • United States District Court, District of Connecticut


Plaintiff Mark Gerrity, Executor of the Estate of Judith Gerrity


  • Lorillard Tobacco Co.
  • R.J. Reynolds Tobacco Co.

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product