Limitations regarding the use of quotes
The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
A state government and a health insurer brought an action against five tobacco companies and two trade associations under various theories of law, claiming that the defendants had suppressed information about the negative health effects of tobacco use and had manipulated the nicotine content of cigarettes to stimulate addiction. On appeal, the Court considered whether the health insurer possessed standing to bring the claims asserted by the plaintiffs. Because the insurer was not harmed directly by a breach of an assumed duty to protect public health, the Court found that the insurer lacked standing to bring tortious claims based on this duty. The Court further held that the insurer possessed standing to bring claims of consumer protection and antitrust violations pursuant to statutory language providing for redress of indirect harms. Finally, the Court held that the insurer possessed associational standing to pursue equitable claims requesting injunctive relief.