An Illinois court revived a class action lawsuit alleging that tobacco company advertising using the terms “light” and “low tar” constituted fraud. A trial court had awarded the class $10.1 billion in damages but an appeals court overturned the verdict, ruling that the Federal Trade Commission (FTC) had authorized the use of the terms “light” and “low tar” in tobacco advertising, subject to certain limitations. However, in a separate (and later) lawsuit, the FTC filed a “friend of the court” brief stating that it never intended to authorize the use of the terms “light” and “low tar.” In this case, the court found that the appeals court would have ruled differently if the plaintiffs had been able to enter evidence of the FTC’s position, which became available after trial. Additionally, the court ruled that the trial court had exceeded the scope of its review in a ruling barring the case on the question of damages. The court reinstated the case with the original verdict intact, which is likely to be appealed by tobacco companies.
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.
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.
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)
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.
An Illinois court revived a class action lawsuit alleging that tobacco company advertising using the terms “light” and “low tar” constituted fraud. A trial court had awarded the class $10.1 billion in damages but an appeals court overturned the verdict, ruling that the Federal Trade Commission (FTC) had authorized the use of the terms “light” and “low tar” in tobacco advertising, subject to certain limitations. However, in a separate (and later) lawsuit, the FTC filed a “friend of the court” brief stating that it never intended to authorize the use of the terms “light” and “low tar.” In this case, the court found that the appeals court would have ruled differently if the plaintiffs had been able to enter evidence of the FTC’s position, which became available after trial. Additionally, the court ruled that the trial court had exceeded the scope of its review in a ruling barring the case on the question of damages. The court reinstated the case with the original verdict intact, which is likely to be appealed by tobacco companies.