Empire Healthchoice, Inc. v. Philip Morris USA, Inc., et al.

A health insurer sued several tobacco companies under the New York Consumer Protection Act, seeking recovery of medical costs that resulted from the companies' alleged fraudulent misrepresentations of the health effects of smoking.  The Second Circuit affirmed the trial court's opinion, holding that the plaintiff failed to assert a cognizable claim and directing the trial court to enter judgment for the defendants as to all claims.

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Empire Healthchoice, Inc. v. Philip Morris USA, Inc., et al., 393 F.3d 312, United States Court of Appeals, Second Circuit (2004).

  • United States
  • Dec 22, 2004
  • United States Court of Appeals, Second Circuit

Parties

Plaintiff Empire Healthchoice, Inc. (d/b/a Empire Blue Cross & Blue Shield)

Defendant

  • Brown & Williamson Tobacco Co.
  • Liggett & Myers, Inc.
  • Liggett Group, Inc.
  • Lorillard Tobacco Co.
  • Philip Morris USA, Inc.
  • R.J. Reynolds Tobacco Co.

Legislation Cited

N.Y. Gen. Bus. Law § 349

Related Documents

Type of Litigation

Tobacco Control Topics

None

Substantive Issues

Type of Tobacco Product

None