TOBACCO CONTROL LAWS

United States of America v. Philip Morris, Inc., et al. (In re Tobacco/Governmental Health Care Costs Litigation)

The United States brought an action against Philip Morris Incorporated and Philip Morris Companies Inc., alleging that the companies repeatedly made misrepresentations about the health impacts of its products on consumers, as well as engaged in anticompetitive behavior. The tobacco companies requested that the United States District for the District of Columbia consolidate the case with similar pending litigation commenced by foreign governments, including those of Guatemala, Nicaragua and Venezuela. The District Court declined to consolidate the cases, finding that although the cases involved common issues of fact, the United States’ action was based on provisions in domestic United States law that would have presented separate legal issues from those presented in the foreign government cases, thereby defeating the efficiency requirement of case consolidation.

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In re Tobacco/Governmental Health Care Costs Litigation, 76 F.Supp.2d 5, United States District Court, District of Columbia (1999).

  • United States
  • Nov 17, 1999
  • United States District Court, District of Columbia

Parties

Plaintiff United States of America

Defendant

  • Philip Morris Companies, Inc.
  • Philip Morris Incorporated

Legislation Cited

Related Documents

None

Type of Litigation

Government Enforcement Action
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.

Tobacco Control Topics

Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)

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.

Trade Violation
A claim of an infringement of any international trade agreement, including General Agreement on Tariffs and Trade (GATT), Technical Barriers to Trade (TBT), Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), or bilateral treaties.
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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