TOBACCO CONTROL LAWS

Watson v. Philip Morris

Two individuals brought an action against a cigarette manufacturer in an Arkansas state court under Arkansas state business practices laws, claiming that the manufacturer had misled consumers by deceptively manipulating its "lights" cigarettes to register a lower content of tar and nicotine on the Cambridge Filter Method (CFM) test than that actually consumed by smokers when using its product.  The defendant moved to remove the case to federal court, arguing that because the Federal Trade Commission had approved the CFM as a manner of testing cigarette content, the manufacturer "act[ed] under" an "agency" or "officer" of the United States when testing cigarettes using the CFM, thus fulfilling the conditions for removal detailed in federal statutory law.  The Court held that removal was improper, finding that the language of the statute required not merely complying with administrative regulations but "assist[ing]" with or "carry[ing] out" the implementation of the law.

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Watson, et al. v. Philip Morris Cos., Inc., et al., 551 U.S. 142, Supreme Court of the United States (2007).

  • United States
  • Jun 11, 2007
  • Supreme Court of the United States

Parties

Plaintiff

  • Lisa Watson
  • Loretta Lawson

Defendant

  • Others
  • Philip Morris Companies, 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)
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.

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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