TOBACCO CONTROL LAWS

Anderson v. Fortune Brands, Inc., et al.

A smoker brought suit against several tobacco manufacturers and industry-based research organizations under several theories of liability, including a products liability claim of willful failure to warn consumers of the dangers of smoking.  The defendants challenged the propriety of this cause of action, arguing that a products liability action for willful failure to warn did not exist and that fraudulent concealment, which would require the plaintiff to meet a higher burden of proof, was the proper legal vehicle for the plaintiff's allegations of a decades-long conspiracy to intentionally wrong the public.  The Court held that the products liability claim for willful failure to warn was recognized in New York and ordered that the claim be considered by a jury.

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Anderson v. Fortune Brands, Inc., et al., 723 N.Y.S.2d 304, Supreme Court, Kings County, New York (2000).

  • United States
  • Jul 25, 2000
  • Supreme Court, Kings County, New York

Parties

Plaintiff Clyde Anderson

Defendant

  • Fortune Brands, Inc., Formerly Known as American Brands, Inc., et al.
  • Liggett Group, Inc., also known as Brooke Group, Ltd.
  • Lorillard Tobacco Company
  • Philip Morris Incorporated
  • RJR Nabisco, Inc.
  • The Council for Tobacco Research-USA, Inc.
  • The Tobacco Institute, Inc.

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

Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)

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.

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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