TOBACCO CONTROL LAWS

McLaughlin v. Philip Morris USA, Inc.

Plaintiffs brought a class action against tobacco companies for fraud under the Racketeer Influenced and Corrupt Organizations Act (RICO) for allegedly deceiving the plaintiffs into "believing that 'light' cigarettes were healthier than 'full-flavored' cigarettes."  The Court held that the class did not meet the "predominance" requirements under Federal Rule of Civil Procedure 23(b)(3) (“questions of law or fact common to class members [must] predominate over any questions affecting only individual members"), as not all plaintiffs met RICO's requirement that the each plaintiff be able to prove reliance, injury, and damages. The Court reversed the lower court's class certification of the plaintiffs.

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McLaughlin v. Philip Morris USA, Inc., 522 F.3d 215, United States Court of Appeals, Second Circuit (2008).

  • United States
  • Apr 3, 2008
  • U.S. Court of Appeals for the Second Circuit
View Case History

Parties

Plaintiff

  • Barbara Bishop
  • Barbara Schwab
  • David Rogers
  • David Tuttleman
  • Fergal Furlong
  • Jane Amodeo
  • Jim Sherman
  • Karen McLaughlin
  • Patricia Scocozza
  • Susan Bailey
  • Trevor Campbell

Defendant

  • Altria Group
  • American Tobacco Company
  • B.A.T. Industries P.L.C.
  • British American Tobacco Limited
  • Liggett Group, Inc.
  • Lorillard Tobacco Company
  • Philip Morris, Inc.
  • R.J. Reynolds Tobacco Company

Legislation Cited

Racketeer Influenced and Corrupt Organizations (as amended), 18 USC Ch. 96

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.
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

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.

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.
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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