TOBACCO CONTROL LAWS

Oklahoma v. Native Wholesale Supply

Native Wholesale Supply imported and distributed several hundred million cigarettes in the State without reporting them as required under State laws enacted as part of the Master Settlement Agreement. A lower court had awarded the state $47 million dollars, and the tobacco company was seeking a new trial.  Here the Supreme Court upheld the lower court's grant of summary judgment and denied the tobacco company a new trial. 

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State of Oklahoma v. Native Wholesale Supply, 2014 OK 49, Supreme Court (June 10, 2014)

  • United States
  • Jun 10, 2014
  • Supreme Court of the State of Oklahoma

Parties

Plaintiff

  • Attorney General of Oklahoma
  • State of Oklahoma, ex. rel E. Scott Pruitt

Defendant Native Wholesale Supply

Legislation Cited

Master Settlement Agreement

Oklahoma MSA Complementary Act

Related Documents

None

Type of Litigation

Government Enforcement Action
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.
Health Care Cost Recovery
Governments or insurance agencies may seek reimbursement from the tobacco companies for health care costs related to tobacco. The most famous example is the case brought by individual states in the U.S.A. that resulted in the Master Settlement Agreement.

Tobacco Control Topics

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

Substantive Issues

Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.
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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