Texas v. American Tobacco Company

The State of Texas is seeking to recover costs incurred in providing medical care and other benefits to its citizens, including costs associated with the Medicaid program, as the result of the citizens' use of cigarettes and smokeless tobacco products. Defendants are tobacco companies and public relations firms. The State of Texas’s Second Amended Complaint seeks to impose liability against Defendants for their manufacturing, advertising, distributing, and selling tobacco products in the United States. In response to the allegations, Defendants filed motions to dismiss the complaint contending the State failed to state a claim under the Racketeer Influenced and Corrupt Organizations Act (RICO) and other legal grounds. The District Court allowed the State to proceed with its claims under RICO while dismissing claims under antitrust laws, consumer protection statutes, and other theories.


State of Texas v. American Tobacco Co., 14 F.Supp.2d 956 (E. D. Tex., 1997).

  • United States
  • Sep 8, 1997
  • U.S. District Court, Eastern District of Texas, Texarkana Division


Plaintiff State of Texas


  • American Tobacco Co.
  • R.J. Reynolds Tobacco Co.
  • Brown & Williamson Tobacco Corp.
  • BAT Industries, PLC
  • Philip Morris, Inc.
  • Liggett Group, Inc.
  • Lorrillard Tobacco Co., Inc.
  • United States Tobacco Co.
  • Hill & Knowlton, Inc.
  • Council for Tobacco Research-USA, Inc.
  • Tobacco Institute, Inc.

Legislation Cited

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

Texas Business and Commerce Code

Texas Deceptive Trade Practices-Consumer Protection Act

Texas Product Liability Act

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product