Tobacco Cases Resource CenterTobacco Cases in a Nutshell.
In December 2006 the Florida Supreme Court breathed new life into a case against the tobacco industry that had worked its way through the courts since 1994. The case is known as the Engle case.
The supreme court upheld a landmark jury verdict finding Big Tobacco liable for smoking-related injuries and deaths, but the court said that smokers and their loved ones must bring individual suits in order to prove that smoking harmed them and to prove their individual damages. If you have a right to bring one of these “individual Engle suits” then Levin Papantonio may be able to help you.
In addition to such lawsuits being brought, Big Tobacco has already created a fund containing hundreds of millions of dollars that we believe should be paid out to those harmed by smoking in addition to any damages smokers and their loved ones might prove in their individual lawsuits against Big Tobacco.
Levin Papantonio is in the forefront of the fight against Big Tobacco.
What Exactly Does the Engle Case Mean?
After a year-long trial, the Engle jury found that:
- Cigarettes are unreasonably dangerous;
- Cigarettes cause numerous types of cancer;
- Nicotine is addictive;
- Big Tobacco has acted negligently; and
- Even though they knew about these dangers, tobacco companies intentionally concealed information from consumers about the impact of cigarettes on their health.
The jury also found that smoking causes (among other diseases):
- Lung cancer;
- Chronic obstructive pulmonary disease (COPD);
- Emphysema; and
- Buerger's disease
The Florida Supreme Court upheld all of these findings and said that in any individual Engle suits, these jury findings would apply and would not have to be proven again.
The Florida Supreme Court also did the following:
- Reversed a jury's award of $145 billion in punitive damages against the tobacco industry.
- Opened the door for separate, individual Engle suits - rather than a class action lawsuit - which then would be decided on the basis of each victim's own unique circumstances, case by case.
- Limited the group of tobacco victims eligible to file individual Engle suits to all Florida citizens and residents, and their survivors, who have suffered, presently suffer or who have died from diseases and medical conditions caused by their addiction to cigarettes that contain nicotine with a cutoff date of November 21, 1996. (Note: Whether you have a right to bring an individual Engle suit, or some other suit, against Big Tobacco is an extremely complicated legal question that should be answered by a competent attorney who is familiar with the Engle litigation).
Although the Engle decision refused to reinstate a $145 billion punitive damage award against Big Tobacco, it opened the door for individual Engle suits to be brought. But there is a very short window of time in which to bring such suits.
UPCOMING EVENTS:
● Tobacco Hearing - Jun 30, 2008
SUWANNEE COUNTY- Attorneys Clay Mitchell and Matt Schultz attend a hearing on Defendants’ Motion for More Definite Statement before Judge David W. Fina. (View Document)
● Tobacco Hearing - Apr 23, 2008
VOLUSIA COUNTY - Attorney Matt Schultz attend a hearing on Defendants’ Motion for More Definite Statement before Judge William A. Parsons. (View Document)
● Tobacco Hearing - Apr 15, 2008
Hearing on fund.
RECENT HAPPENINGS:
● Tobacco Hearing - Mar 13, 2008
ESCAMBIA COUNTY - Attorneys Matt Schultz and Bobby Loehr attend a hearing on the third Case Management Conference before Judge Terry Terrell. (View Document)
● Tobacco Hearing - Feb 19, 2008
ESCAMBIA COUNTY - Attorneys Matt Schultz and Bobby Loehr attend a hearing on the second Case Management Conference before Judge Terry Terrell. (View Document)
● Tobacco Hearing - Feb 14, 2008
JACKSON COUNTY- Attorney Bobby Loehr attends a hearing on Defendants’ Motion for More Definite Statement before Judge Elijah Smiley. The Motion is taken under advisement. (View Document)
● Tobacco Hearing - Jan 31, 2008
ESCAMBIA COUNTY - Attorneys Matt Schultz, Bobby Loehr and Clay Mitchell attend a hearing on the first Case Management Conference and Defendants' Motion for More Definite Statement. (View Document) (View Document) Judge Terry Terrell denies Defendants’ Motion for More Definite Statement. (View Document) Attorney Matt Schultz of Levin Papantonio is appointed liaison counsel for plaintiffs in Escambia County.
● Jan 11, 2008
ALL COUNTIES - Deadline for all Engle cases to be filed.
In the News: Tobacco related articles
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Florida Tobacco Cases Filed
Law360 New York, NY - Jan 11, 2008
Levin Papantonio attorney Matt Schultz is interviewed about recent lawsuit filings following the Supreme Court tobacco class action decision RJ Reynolds v. Engle.
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Now is time for public smoking ban
Natchez Democrat, MS - Apr 11, 2007
We've taken large sums of money from the private cigarette industry and used that money for tobacco prevention causes. But we continue to allow second-hand ...
- Smokers cough up amendment
Maui News, HI - Apr 10, 2007
The main argument is that the smoking ban is crimping the visitor industry. People are realizing Japanese tourism numbers are coming down, and it doesn't ...
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Imperial Tobacco in new move on Altadis
MSN Money - Apr 9, 2007
Like most of the tobacco industry, Altadis is under pressure in developed markets, where smoking is declining and governments are adopting anti-smoking ...
Delegation Split On Smoking Ban
Leesburg Today, VA - Apr 6, 2007
Poisson and Caputo said health industry lobbyists and the cigarette lobby were active in the lead up to the vote on the smoking ban. ...
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Don't blow smoke in the face of business faces
News of Delaware County, PA - Mar 29, 2007
Mychoice.ca, an organization funded by the tobacco industry, estimated Ontario's ban would result in annual revenue losses for the casino industry of $250 ...
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New bid to ban smoking in public
People's Daily Online, China - Mar 18, 2007
At a CPPCC discussion last week, deputy chief of the State Tobacco Monopoly Administration Zhang Baozhen said China "needed" the tobacco industry and ...
- Judge Orders Tobacco Companies to Stop Deceiving Foreign, US Consumers
eMaxHealth.com, NC - Mar 17, 2007
Today's ruling underscores the potential of this case, brought by the US Department of Justice, to fundamentally change the tobacco industry's harmful ...
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Smoking rules a step in the right direction
Williams Lake Tribune, Canada - Mar 16, 2007
New rules against smoking may be intrusive, even harsh. They ban smoking in all indoor spaces accessible to the public (including restaurants and bars) as ...
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Judge extends 'light' cigarette ban overseas
CNNMoney.com - Mar 16, 2007
US District Judge Gladys Kessler, who issued a landmark ruling against the tobacco industry in August, said in a follow-up decision that a ban on the use of ...
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State justices take tobacco case
Jackson Clarion Ledger - Mar 11, 2007
Mississippi in 1997 settled its lawsuit against the tobacco industry, which was filed to recover public costs of treating sick smokers. ...
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Sneha Paul: Rip down tobacco powerwall
Pittsburg Morning Sun - Pittsburg, KS - Mar 6, 2007
Through a settlement between the tobacco industry and the states, the tobacco industry is required to provide funds to the state, providing that the state ...
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Get serious and allow FDA to regulate cigarettes
Indianapolis Star - Indianapolis, IN - Mar 5, 2007
This year an attempt will be made to correct that oversight with legislation enabling the FDA to neutralize some of the tobacco industry's attempts to win ...
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Tamping down tobacco
MarketWatch - USA - Mar 4, 2007
The Family Smoking Prevention and Tobacco Control Act aims to clear the air around tobacco marketing by charging the Food and Drug Administration with ...
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Tobacco regulation back under spotlight
MSNBC - USA - Feb 27, 2007
Yet the tobacco industry appears split on the proposal. Philip Morris USA, the US unit of Altria group, is strongly in favour of the proposal, ...
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Tobacco's time has come
Toledo Blade - Toledo, OH - Feb 26, 2007
Henry Waxman, Democrat of California, a veteran foe of the tobacco industry. His Republican co-sponsor, Rep. Tom Davis, of the tobacco state of Virginia, ...
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Experts: FDA tobacco bill long overdue
Earthtimes.org - USA - Feb 23, 2007
By KRISTIN BILLERA The US Food and Drug Administration may finally exercise control over the tobacco industry if a reintroduced bill passes through Congress ...
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Report: Program leads to drop in teen smoking
WWAY NewsChannel 3, NC - Feb 13, 2007
...Initiative of the North Carolina Health and Wellness Trust Fund. The fund was established with North Carolina's share of tobacco lawsuit settlement money.
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Atlantic City Casino Smoking Ban Debated
phillyBurbs.com, PA - Feb 13, 2007
"Let's see how that works out," said Corzine, who acknowledged there has been much disagreement in the Legislature about whether a total smoking ban could ...
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Secondhand Smoke Poses Heart Disease Risk
Washington Post, DC - Feb 13, 2007
Eighteen percent of those with low levels of cotinine and 56 percent of those with high levels said they lived with a smoker or were exposed to tobacco...
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Florida must make anti-smoking efforts a priority
Tallahassee Democrat - Tallahassee, FL, USA - Feb 12, 2007
In 1997, Florida won a landmark legal settlement for $13 billion from the tobacco industry. Florida receives about $360 million annually from the settlement ...
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Higher cigarette tax may affect border business
Waterloo Cedar Falls Courier, IA - Feb 10, 2007
Store manager Ashley Ekelund guesses that about half of her regular cigarette customers responded to the tax hike by taking their business to Iowa, ...
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No burning evidence against smoking ban
Onalaska Life, WI - Feb 9, 2007
Criticism from tavern owners and retailers that a boost in the cigarette tax will harm commerce is unfounded. Studies have shown that bars, restaurants and ...
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'NO THANKS, BIG TOBACCO'
New York Islanders, NY - Feb 5, 2007
"Sponsorship and charity is an increasingly important marketing tool for the tobacco industry," said Susan Kennedy, Director of the Tobacco Action Coalition...
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- Senate Passes Public Smoking Ban
WRIC, VA - Feb 5, 2007
RICHMOND, Va. The Virginia Senate passed legislation today to ban smoking in restaurants and most other indoor public places. The vote was 23-to-16. ...
- 01-25-07: Legislature takes up smoking ban proposal
The proposal, which has bi-partisan support in both the House and Senate, would prohibit smoking in bars, restaurants and bowling alleys and would require owners/workers to ask smokers to leave or face arrest. This proposal would broaden the state’s pioneering Indoor Clean Air Act.
- 01-24-07: Where there's smoke, there are fines
Some of those who will be fined: people smoking any tobacco product in a public place or area within close proximity to a doorway, window or entrance; owners of a public place or employers that do not ensure that no person smokes in the public area or workplace and the tobacco industry if it does not provide information about tobacco products and their emissions to the minister of health.
- 01-22-07: Editorial: Big Tobacco sinks its hook
The Harvard School of Public Health releases a study that tobacco companies not only increased nicotine levels, but the industry had modified cigarettes' design to encourage smokers to take more drags from each cigarette. U.S. District Judge Gladys Kessler, head of the federal government's racketeering lawsuit against the U.S. tobacco industry, wrote that all defendants in the case "continue to fraudulently deny that they manipulate the nicotine delivery of their cigarettes in order to create and sustain addiction."
- 01-21-07: Tougher tobacco laws face critical hurdle
The proposed stern anti-tobacco laws are scheduled to take place in Parliament this week. If passed, we will see stringent allowance on smoking in public places as well as manufacturing standards.
- 01-19-07: Oversight of Tobacco Will Be Pushed by Kennedy
Senator Ted Kennedy will reintroduce a bill calling for regulations of the tobacco industry. The bill would put the FDA in charge of regulating the tobacco advertising, packaging, and content.
- 01-19-07: Board decides not to kill tobacco funding
The UC governing Board of Regents declined to impose a ban on tobacco industry funding for research. The issue is being sent back to the university's systemwide faculty Senate for more study and will be addressed again in May.
- 01-18-07: Nicotine in US cigarettes rising - study
A Harvard researcher commented cigarette makers increased nicotine in tobacco and altered the cigarette design to boost the number of puffs per cigarette, which increases the amounts of nicotine inhaled by smokers. Although, the US Centres for Disease Control and Prevention considers cigarette smoking the leading preventable cause of death in the United States, there are about 440,000 people that die each year smoking related illnesses.
- 01-17-07: UC considers prohibiting tobacco-funded research
A decision on whether to accept money from the tobacco industry to aid in research of tobacco use and impact is being decided. "It's pretty simple,” one of UC's governing board of regents, San Diego Padres owner John Moores says, “Harper's Magazine estimates that a billion people are going to die in the 21st century from tobacco use. I don't think the University of California ought to be associated with a billion deaths.”
- 01-16-07: With bans in parks and other outdoor areas, has the anti-smoking movement gone too far
Stanton Glantz, a UCSF professor of medicine and an anti-smoking advocate says there is a new way of thinking taking hold, which envisions a tobacco free society. With cigarette smoking bans taking affect in restaurant and bars, anti-smoking laws are moving outdoors to parks, beaches and golf courses. One city is proposing a citywide smoking ban except in single-family detached houses.
- 01-12-07: New Hampshire's love-hate affair with tobacco
New Hampshire's revenue from the state tobacco tax is estimated around $287.2 million. Although not the largest of the states unrestricted revenues, it's large enough leave a whole in any biennial budget if there are any large reductions.
- 01-12-07: Indonesia says can't afford to sign tobacco treat
Indonesia is reluctant to sign a global tobacco treaty, which would cut cigarette consumption because of the possible impact it could have on their developing economy; Indonesia's has about an $8 billion tobacco industry which supports about 7 million people and accounts for about 10 percent of the country's tax revenue.
- 01-12-07: Tobacco set for industry reshuffle
China's administration is making many industry changes: establish around 10 large-scale tobacco enterprises through mergers and reorganizations, close down inefficient and small cigarette factories as well as increase efforts to fight the production and sale of counterfeit tobacco products.
- 01-08-07: Can 25¢ more a pack help us kick the habit?
Some say raising cigarette tax would reduce the number of smokers and generate $95 million to cover 120,000 Indiana residents. Each year, about 9,800 people in Indiana die from smoking-related illnesses, about $2 billion is spent annually on health care costs related to cigarette smoking and an additional $2.49 billion is lost annually because of lower productivity caused by smoking.
- 01-07-07: Smokin' in Michigan
Michigan collects $1.4 billion annually in tobacco-generated revenue from a combined account of tobacco settlement payments and tobacco taxes, but for the fiscal year 2006 and 2007, it did not allocate any dollars from that revenue for tobacco prevention and cessation programs. This is a state where almost 25 percent of adults smoke and 17 percent of high school students smoke and annual health-care costs caused by smoking is 3.40 $billion.
- 01-05-07: 'Wall of Shame' warns against hazards of tobacco
Members of the Boys and Girls Club of Lincoln County unveiled the "Wall of Shame" is to help young people understand the hazards of tobacco and how tobacco companies are targeting them. “The purpose of this wall is to reveal the truth about the shameful tactics that the tobacco industry has used for decades and continues to use to market their deadly and addictive tobacco products,” said a club member Heather Crawford
- 01-05-07: New smoking ban gets mixed reviews
Business owners in Tuscaloosa have mixed results regarding the new city smoking ban. The smoking ban, passed by the City Council on in late October, bans smoking in all restaurants that do not serve alcohol and allows smoking after 10 p.m. in restaurants that do serve alcohol.
- 01-04-07: Tipsheet: Tobacco in Indiana
Stephen J. Jay, a professor of medicine and public health at the Indiana University School of Medicine says for every Indiana dollar used to reduce use of cigarettes and smokeless tobacco, the tobacco industry spends $44 counteracting the message. Another tip, Indiana would also need to tax $7.50 per pack of cigarettes to cover the health costs the state incurs for every pack of cigarettes smoked in the state.
- 01-01-07: Most Americans living with curbs on smoking
According to American Nonsmokers' Rights Foundation, 50.2 percent of the nation's population now lives in areas where smoking is banned in public places; 22 states have passed smoking bans, and 16 banned smoking in bars. How much does this matter to the tobacco industry? "It matters," said John Singleton, R.J. Reynolds spokesman. "Exactly how much it matters, it's hard to say."
- 12-31-06: Thank you for not smoking
Although Thailand already has some of the toughest anti-smoking laws, starting this month almost all public places in Thailand will be non-smoking. In addition, recent tobacco industry restrictions including bans on cigarette advertising and displays at points of sale have been put into place.
- 12-26-06: Smokers pay price for habit on Jan. 1
Texas smokers will see a new tax on their cigarettes starting January 1. The state is counting on the money from the new tax on cigarettes to help fund necessary school issues.
- 12-23-06: Lawmakers ignore vote, set sights on smokers
California lawmakers are pushing three smoking-related bills: one would raise cigarette taxes by $1.90 a pack, which would generate almost $2 billion for children's health care and smoking cessation programs, the second would impose a fine to anyone who smokes in a car with anyone under 18 and the third would make it illegal to smoke in state parks or on state beaches.
- 12-22-06: Court helps ill smokers filing individual suits
Philip Morris USA and other tobacco corporations requested the dismissal of legal findings by a Miami-Dade jury in a landmark class-action case. These findings such as smoking health hazards, nature of nicotine addiction and the tobacco industries marketing practices will help sick smokers move forward with their claims.
- 12-16-06: Don't buy Big Tobacco line: Secondhand smoke can and does kill
Although Dr. Arnett's claims there is no relationship between secondhand smoke and heart disease and lung cancer when in fact there are more than 100 major “peer-reviewed studies” that show a link between secondhand smoke to heart disease, lung cancer, heart attacks, and respiratory illnesses including asthma in adults, children and infants.
- 12-16-06: Mex Tobacco Industry Breaches Pact
The Mexican tobacco industry was to donate about $0.10 (one peso) per each pack of cigarettes sold, but only carried through with half of the revenues from cigarette sales to support health programs. About 14 million people smoke in Mexico and its estimated $290 million (29 billion pesos) is spent on heath issues such as lung cancer, cardiovascular problem, among others.
- 12-13-06: Reynolds speaks against tobacco industry at forum
Patrick Reynolds, grandson of tobacco company founder R.J. Reynolds, has witnessed the deaths of his father and brother to tobacco related illnesses which has pushed him to speak out against the tobacco industry. He will be speaking at the “Save Lives, Saves Money” Jackson Community Forum.
- 12-13-06: Tobacco company funding legal challenge to smoking ban
Officials say the tobacco company R.J. Reynolds is paying for two Downtown restaurant owners to fight Allegheny County's smoking ban. "This is standard operating tobacco industry procedure," said Stanton A. Glantz, a professor at the University of California, San Francisco.
- 11-20-06: Rhetoric heats up between bar owners and anti-smokers ahead of ruling
Quebec's anti-smoking law has banned smoking in bars, restaurants and other public places since June. Arminda Mota, a Quebec spokesperson for a smoker's rights group funded by the tobacco industry says the ban is dangerous because bar patrons leave their drinks unattended to smoke outside.
- 11-19-06: Philip Morris Quits Hollywood Cold Turkey
The tobacco industry has in the past requested the movie industry to not use their product, saying the attention is unflattering to their image. Today, Phillip Morris is putting ads in various magazines asking studios to no longer use any of their brands in feature films.
- 11-18-06: Smoking costs China 250 bln yuan last year
China lost 32.5 billion dollars from smoking last year as the cost exceeded the pre-tax profits of the country's tobacco industry. Over 350 million people smoke in China, which makes up about a third of the world's smoking population. Each year, about 700,000 die from smoking related problems.
- 11-18-06: Whiff of tobacco firms on net
At least 27,000 results are posted on YouTube when the term “smoking” is typed in. Some are accusing the tobacco industry of using YouTube as an advertising portal to show clips of teens glamorizing smoking cigarettes.
- 11-17-06: Judge grants stay in 'lights' cigarette suit
The $200 billion Schwab "lights" cigarette class-action lawsuit was stopped by a U.S. Appeals Court judge after a Federal Court judge granted class-action status to the cigarette suit in September.
- 10-31-06: Court Blocks Ruling on Tobacco Industry
Tobacco companies will continue to advertise their cigarettes with the "light", "low tar" labels as decided by the U.S. Circuit Court of Appeals for the District of Columbia Circuit until their appeals can be reviewed.
- 10-28-06: The only true smoking ban: Issue 5
Patrick Reynolds, grandson of R.J. Reynolds, is president of Tobaccofree.org. He is a founder of the Foundation for a Smoke Free America, Issue 5 and is fighting against the tobacco industry to keep America healthy. The tobacco company announced to stockholders it would spend $40 million to defeat statewide smoke-free laws proposed in Ohio, Arizona, and other states.
- 09-25-06: Judge Allows Class Action Tobacco Suit
Monday, District Judge Jack Weinstein approved a class action tobacco lawsuit against the tobacco industry, which leaves the jury to decide whether cigarette smokers will be compensated by tobacco companies. Trial date of January 22, 2007 has been set by Weinstein
- 09-24-06: Tobacco industry may face new regulations
After reported raised nicotine levels, misrepresentation of cigarette brand types, "light," "ultra," "low tar," the tobacco industry could be looking at regulation changes. Congress may try to put the tobacco industry under the Food and Drug Administration, which would allow cigarette regulation on tobacco companies.
- 09-22-06: Guest commentary: Tobacco companies continue deception
Tobacco companies claim studies reporting an increase of nicotine in cigarettes have not showed the rise and fall in nicotine levels between '98-'04 and that nicotine levels "vary naturally." Tobacco companies are accused of deceiving smokers as some nicotine levels reached as high as 36 percent in "light" cigarettes.
- 09-22-06: Regents Debate Accepting Research Funds From Tobacco Companies
UC Board of Regents are re-thinking funds they receive from tobacco companies after the federal court found the tobacco industry guilty of racketeering the public.
- 09-19-06: Even for French youth, cigarettes are way of life
Even after a 1991 law banned smoking in schools and tobacco advertising, health advocates say the tobacco industry continued their efforts in tobacco ads targeting young smokers. In 2000, the National Institute of Health Prevention and Education reported almost half of 18 and 19 year olds in France smoked.
- 09-18-06: Tobacco needs federal remedy
More people say Congress and the Food and Drug Administration should get involved in regulating the tobacco industry. Tobacco companies are misleading the public about smoking hazards with their "deceptive labeling and nicotine-loading practices".
- 09-18-06: Tobacco Industry Closing in on $50 Million to Protect Cigarette Sales and Profits in California
The success of California's Proposition 86 may be the reason the campaign committees of R.J. Reynolds and Philip Morris tobacco companies have shelled out almost $50 Million in tobacco advertising. Prop 86, an item on California's November ballot, will reduce sales of cigarette packs by more than 300 million each year.
- 09-13-06: Philip Morris faces key ruling on 'lights'
US tobacco companies are being charged for falsely stating "light" cigarettes are safer then regular one; the tobacco industry is said to have violated federal racketeering laws by this claim.
- 09-13-06: $200B Tobacco Suit Faces Uphill Fight
2004 tobacco lawsuit brought against tobacco companies such as Philip Morris USA Inc., R.J. Reynolds Tobacco Co. and Lorillard Tobacco Co. by consumers could be reconsidered as a class action suit.
- 09-05-06: Big Tobacco, Lawless as Ever
The tobacco industry is making the news again as the Department of Public Health reported a ten percent nicotine increase from cigarettes. In addition, tobacco companies asked the courts to treat the United States and oversee marketing efforts separate.
- 09-04-06: Quitting may be hard
With no federal regulations on tobacco products, the tobacco industry can increase levels as they choose. 96 of the 116 tested cigarette brands had higher nicotine levels, which could cause problems with those who are trying to quit smoking.
- 09-01-06: TFK: Tobacco Companies Ask Court to Allow Them to Deceive Foreign Consumers
Shortly after tobacco companies were found falsely using the terms "low tar," "light," "ultra light," "mild," and "natural," British American Tobacco and Philip Morris tobacco companies filed for an allowance to continue using these terms.
- 08-30-06: U.S. report: More nicotine in cigarettes
Recent study shows nicotine levels in cigarettes are on the rise as simulated smoking tests cigarettes over the years. Up from 1998, 93 percent of the 179 cigarette brands tested in 2004 fell into the “highest range for nicotine.”
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