Cole v. The Tobacco Institute
Cole, et al. v. The Tobacco Institute, Inc., et al., 278 F.3d 417, United States Court of Appeals, Fifth District (2001).
- United States
- Dec 28, 2001
- United States Court of Appeals, Fifth Circuit
Cole, et al. v. The Tobacco Institute, Inc., et al., 278 F.3d 417, United States Court of Appeals, Fifth District (2001).
Plaintiffs alleged that defendant tobacco companies had knowingly made false statements as to the health dangers of smoking and the addictive qualities of nicotine through advertising and public statements, and therefore breached an express warranty. However, the Court found that only one statement made before the Congress in 1994 was admissible, in which major cigarette manufacturer executives testified that they believed nicotine was not addictive. The Court found that the alleged misleading statement made by the Tobacco Institute, Inc. and The Council for Tobacco Research USA, Inc. did not constitute an express warranty, because it was not made by sellers of tobacco. Moreover, similar statements made by cigarette manufacturers were made 42 years after the plaintiff's addiction to tobacco and they could not have misled the plaintiff.