Hess v. Philip Morris USA

This lawsuit was filed by the family of an individual who died from a smoking-related illness; it arises from a 1994 class-action lawsuit on behalf of Florida smokers against major tobacco companies (Engle v. Liggett Group, Inc.). In this decision, the court allowed the plaintiff’s fraud claim against Philip Morris to continue. The court found that the earlier class action lawsuit in Engle had proven that the major tobacco companies fraudulently concealed information about the health risks of smoking within the time frame necessary for determining the fraud claim. The court found that it was not necessary to also show that the smoker relied on those fraudulent claims during the relevant period for such claims to move forward.  


Hess v. Philip Morris USA, Inc., No. SC12-2153, Supreme Court of Florida (2015).

  • United States
  • Apr 2, 2015
  • Supreme Court of Florida


Plaintiff Elaine Hess, as personal representative of the Estate of Stuart Hess, deceased

Defendant Philip Morris USA, Inc.

Legislation Cited

Fla. Statute 95.031(2) - fraud statute of repose

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product