TOBACCO CONTROL LAWS

Tormey v. American Tobacco Co., et al.

Plaintiff, a decedent and a non-smoker who had been exposed to second-hand smoke at work, brought suit against the defendants, tobacco companies, for failing to warn non-smokers after 1969 of health risks related to environmental tobacco smoke. The Court held that the claim was preempted by the Federal Cigarette Labeling and Advertising Act, which regulates the packaging and labeling of cigarettes and preempts health and smoke-related claims brought under state law related to the advertising and promotion of cigarettes.

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Tormey v. American Tobacco Co., 48 A.D.3d 1063 (2008), 850 N.Y.S.2d 309, Appellate Division of the Supreme Court of the State of New York, Fourth Department (2008).

  • United States
  • Feb 1, 2008
  • Appellate Division of the Supreme Court of the State of New York, Fourth Department

Parties

Plaintiff

  • Judith I. Tormey
  • Thomas M. Tormey

Defendant

  • American Tobacco Co.
  • Brown & Williamson Industries, Inc.
  • Brown & Williamson Tobacco Corp.
  • Liggett & Myers Tobacco Co.
  • Liggett Group, Inc.
  • Lorrilard Tobacco Co.
  • Lorrilard, Inc.
  • Philip Morris Companies, Inc.
  • Philip Morris, Inc.
  • R.J. Reynolds Tobacco Co.
  • RJR Nabisco, Inc.

Legislation Cited

Federal Cigarette Labeling and Advertising Act (as amended), 15 USC §§ 1331 - 1341

Federal Cigarette Labeling and Advertising Act, 15 U.S.C. § 1331

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.
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)
Packaging and Labeling Measures
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

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.

Preemption
The subject matter of the case should be dealt with at a state level or national level.

Type of Tobacco Product

None

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