TOBACCO CONTROL LAWS

Avallone, et al. v. American Tobacco Company, Inc., et al.

The plaintiffs moved for a class certification on behalf of New Jersey casino workers who were occupationally exposed to environmental tobacco smoke (ETS). The class of plaintiffs sought equitable relief in the form of a medical monitoring program for all asymptomatic non-smoking employees who were allegedly at an increased risk of lung cancer and heart disease as a result of this exposure. The Court found that the ETS exposure was "multifactored" and that the size of the potential class and the different characteristics of each casino and each worker disrupted the required class cohesiveness. The Court also held that the class was not cohesive because the nexus between exposure and injury led to disparate applications of legal rules, including matters of causation, comparative fault and the types of damages available to each plaintiff.  The Court denied the plaintiffs' motion for class certification.

Avallone, et al. v. American Tobacco Company, Inc., et al., MID-L-4883-98MT, Superior Court of New Jersey (1999).

  • United States
  • Dec 2, 1999
  • Superior Court of New Jersey
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Parties

Plaintiff

  • Joseph Avallone
  • Joseph Yaniak
  • Others
  • Robin Taylor

Defendant

  • ABD Partnerships and XYZ Corporations
  • American Brands, Inc.
  • American Tobacco Company
  • BATUS Holdings, Inc.
  • BATUS, Inc.
  • British American Tobacco Co.
  • Brooke Group Ltd., Inc.
  • Brown & Williamson Tobacco Corporation
  • Dosal Tobacco Corp
  • John Doe
  • Liggett & Myers, Inc.
  • Loews Corporation
  • Lorillard Corporation
  • Lorillard Tobacco Company
  • Mary Doe
  • Philip Morris Co., Inc.
  • R.J. Reynolds Tobacco Company
  • RJR Nabisco, Inc.
  • The Liggett Group, Inc.
  • Tobacco Institute, Inc.
  • United States Tobacco Company

Legislation Cited

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

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

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.

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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