This is a judgment from the Fourth Circuit Court of Appeal of Louisiana, in which the court upheld tobacco companies' liability for defrauding a class of smokers by misleading them as to the addictive and damaging properties of tobacco products and ordered the defendants to fund a 10-year, 241 million dollar smoking cessation program for the benefit of class members. In this appeal, the tobacco companies challenged the procedure of the trial court and the size of the compensation fund. While upholding the companies’ liability, the appellate court slightly lowered the funding requirement by 10 million dollars and changed the timing of interest accruing on the judgment. This case was subsequently granted a stay of judgment, further delaying the execution and creation of the smoking cessation program, pending an appeal to the U.S. Supreme Court, which was denied on June 27, 2011.
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.
A violation of the right to procedural fairness. For example, a party may claim that a government agency did not consult with public or stakeholders when issuing regulations.
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.
This is a judgment from the Fourth Circuit Court of Appeal of Louisiana, in which the court upheld tobacco companies' liability for defrauding a class of smokers by misleading them as to the addictive and damaging properties of tobacco products and ordered the defendants to fund a 10-year, 241 million dollar smoking cessation program for the benefit of class members. In this appeal, the tobacco companies challenged the procedure of the trial court and the size of the compensation fund. While upholding the companies’ liability, the appellate court slightly lowered the funding requirement by 10 million dollars and changed the timing of interest accruing on the judgment. This case was subsequently granted a stay of judgment, further delaying the execution and creation of the smoking cessation program, pending an appeal to the U.S. Supreme Court, which was denied on June 27, 2011.