TOBACCO CONTROL LAWS

Quebec Council on Smoking and Health v. JTI-MacDonald Corp.

Two class action lawsuits were filed against three major Canadian tobacco companies on behalf of Quebec residents addicted to nicotine and residents suffering from tobacco-related diseases. In this ruling, the court refused a request by tobacco companies to dismiss all or parts of the lawsuits. The court allowed the case to continue so that the class members could attempt to prove that the tobacco companies’ actions caused class members to smoke and to prove financial damages.

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Quebec Council on Smoking and Health v. JTI-Macdonald Corp., 2013 QCCS 1924 (2013).

  • Canada
  • May 9, 2013
  • Superior Court, District of Montreal (Class Action Division)
View Case History

Parties

Plaintiff

  • Cecilia Letourneau
  • Jean-Yves Blais
  • Quebec Council on Smoking and Health (Conseil Quebecois Sur le Tabac et la Sante)

Defendant

  • Imperial Tobacco Canada Ltd.
  • JTI-Macdonald Corp.
  • Rothmans, Benson & Hedges Inc.

Legislation Cited

Tobacco-Related Damages and Health Care Costs Recovery Act

Quebec Charter of Human Rights and Freedoms

Quebec Consumer Protection Act

Related Documents

None

Type of Litigation

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

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)
Liability
Measures dealing with criminal and civil liability, including compensation. (See FCTC Art. 19)

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.

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