TOBACCO CONTROL LAWS

Nwanze v. Philip Morris

A group of 450 pro se prisoners sued tobacco manufacturers and the Director of the Federal Bureau of Prisons for excessive exposure to environmental tobacco smoke ("ETS") while incarcerated.  The Defendants made a F.R.C.P. 12(b)(6) motion for failure to state a claim, which was granted.  While the Court acknowledged that actions against the State for violations of 8th amendment rights based upon ETS exposure were "relatively familiar and well-settled," citing numerous precedents, the Court noted that this case was targeting the manufacturers of tobacco products as opposed to the prison officials or prison policies.  Instead, the Plaintiffs alleged that the tobacco industry conspired with the Director of the Federal Bureau of Prisons "to sell as many cigarettes as possible to the federal prisoner population."  Calling the allegations "too conclusory and insubstantial to be sustainable," the Court dismissed the case.  Furthermore, the Court noted that it had no jurisdiction over the Director of the Federal Bureau of Prisons, and thus dismissed the case against her.  However, the court did note that "Plaintiffs have presented a compelling portrait that federal prisons are permeated with Tobacco Smoke" and noted that Plaintiffs could re-file a new complaint that met their jurisdiction and pleading requirements.

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Nwanze et al. v. Philip Morris Companies, Inc. Et. al., 100 F. Supp. 2d 215, (S.D.N.Y. 2000)

  • United States
  • Jun 7, 2000
  • U.S. District Court, Southern District of New York
View Case History

Parties

Plaintiff Austen Nwanze

Defendant 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

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Right to a Healthy and Safe Environment
A violation of the right to live in a safe and healthy environment.
Right to Freedom from Cruel and Unusual Punishment
A violation of the protection against cruel and unusual punishment. For example, prisoners may claim that exposure to secondhand smoke violates this right.
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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