TOBACCO CONTROL LAWS

Wolpin v. Philip Morris, Inc.

Wolpin sued Philip Morris for diseases she allegedly suffered from prolonged exposure to second-hand smoking, claiming that Philip Morris had violated its duties under state law by failing to warn non-smokers about the danger of second-hand smoking.  Philip Morris moved to dismiss, arguing that Wolpin's claim was preempted by the Federal Cigarette Labeling and Advertising Act (FCLAA).  The Court denied the Defendant's motion to dismiss, finding that the FCLAA did not preempt the plaintiff's state law claim.  The court noted among other things that the term “smoking” was not intended to mean inhaling second-hand smoke and non-smokers have little contact with cigarette labels or advertisements. 

Wolpin v. Philip Morris, Inc., 974 F.Supp. 1465, United States District Court for the Southern District of Florida (1997).

  • United States
  • Aug 18, 1997
  • United States District Court for the Southern District of Florida
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Parties

Plaintiff Roselyn Wolpin

Defendant Philip Morris, Inc.

Legislation Cited

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

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.
Acceptance of Known Risk

A plaintiff’s liability may be limited where she has accepted the risks and consequences of her behavior.  The tobacco industry may argue that the dangers of smoking are well known, so liability should be limited.

Type of Tobacco Product

None

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