TOBACCO CONTROL LAWS

Empire Healthchoice, Inc. v. Philip Morris USA, Inc., et al.

A health insurer sued several tobacco companies under the New York Consumer Protection Act, seeking recovery of medical costs that resulted from the companies' alleged fraudulent misrepresentations of the health effects of smoking.  The Second Circuit affirmed the trial court's opinion, holding that the plaintiff failed to assert a cognizable claim and directing the trial court to enter judgment for the defendants as to all claims.

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Empire Healthchoice, Inc. v. Philip Morris USA, Inc., et al., 393 F.3d 312, United States Court of Appeals, Second Circuit (2004).

  • United States
  • Dec 22, 2004
  • United States Court of Appeals, Second Circuit
View Case History

Parties

Plaintiff Empire Healthchoice, Inc. (d/b/a Empire Blue Cross & Blue Shield)

Defendant

  • Brown & Williamson Tobacco Co.
  • Liggett & Myers, Inc.
  • Liggett Group, Inc.
  • Lorillard Tobacco Co.
  • Philip Morris USA, Inc.
  • R.J. Reynolds Tobacco Co.

Legislation Cited

N.Y. Gen. Bus. Law § 349

Related Documents

None

Type of Litigation

Health Care Cost Recovery
Governments or insurance agencies may seek reimbursement from the tobacco companies for health care costs related to tobacco. The most famous example is the case brought by individual states in the U.S.A. that resulted in the Master Settlement Agreement.

Tobacco Control Topics

None

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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