Panama, et al. v. The American Tobacco Company, et al.

Two foreign governments claimed that manufacturers of tobacco products consumed within the foreign nations should be held liable for the harmful health effects of smoking, arguing that the companies must reimburse the governments for medical care funded for their citizens due to illnesses resulting from tobacco consumption. The court dismissed the plaintiffs' arguments for failure to satisfy proximate cause, finding the claim to be too remote to be actionable. The Court also rejected the plaintiffs' argument that their quasi-sovereign interest to recover on behalf of their citizens afforded them parens patriae standing, under which the plaintiffs had authority to act on behalf of those affected by tobacco consumption.  Consequently, the Court ordered the dismissal of all claims against all defendants.

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Panama, et al. v. The American Tobacco Company, et al., 2006 WL 1933740, Superior Court of the State of Delaware (2006).

  • United States
  • Jul 13, 2006
  • Superior Court of the State of Delaware in and for New Castle County

Parties

Plaintiff

  • Republic of Panama
  • State of Sao Paulo, Brazil

Defendant

  • American Tobacco Company
  • BATUS Holdings, Inc.
  • BATUS Retail Services, Inc.
  • Brown & Williamson Tobacco Corp.
  • Fortune Brands, Inc.
  • Liggett & Myers, Inc.
  • Liggett Group, Inc.
  • Philip Morris U.S.A., Inc.
  • R.J. Reynolds Tobacco Company
  • R.J. Reynolds Tobacco Holdings, Inc.
  • U.S. Smokeless Tobacco Co.
  • U.S.T. Inc.

Legislation Cited

Delaware Law

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None