Oribi v. British American Tobacco
An individual who smoked since 1985 and subsequently suffered detrimental health effects brought a suit against BAT claiming misrepresentation based on their health warnings on cigarette packs. This ruling addresses BAT’s preliminary attempt to dismiss the claims on the grounds of a statute of limitations violation, failure to state a claim and frivolous litigation. While the court is suspect of the merits of the misrepresentation claim, it holds that none of the grounds for dismissal are appropriate at this preliminary stage and the claimant should have an opportunity to make his case at trial. The motions to dismiss are rejected.