TOBACCO CONTROL LAWS

United States v. Philip Morris USA, et al.

In 1999, the United States filed a lawsuit against the major cigarette manufacturers and related trade organizations alleging that defendants fraudulently misled American consumers for decades about the risks and dangers of cigarette smoking and exposure to secondhand smoke in violation of the Racketeer Influenced Corrupt Organizations Act (RICO). In 2006, the court found that defendants violated civil provisions of RICO and that there was a reasonable likelihood that defendants would continue to violate RICO in the future. On appeal, the district court’s findings were upheld, in part, vacated, in part, and remanded, in part, to the district court. After the U.S. Supreme Court declined to hear appeals from both sides in the case in June 2010, the district court began to implement the 2006 final order.

Defendants filed an interlocutory appeal in response to the court’s denial of defendants’ motion for partial summary judgment dismissing the government’s disgorgement claim. The appellate court reversed the district court’s decision and granted partial summary judgment to the defendants.

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United States v. Philip Morris USA Inc., et al., 396 F.3d 1190, United States Court of Appeals for the District of Columbia Circuit (2005).

  • United States
  • Feb 4, 2005
  • U.S. Court of Appeals for the District of Columbia Circuit
View Case History

Parties

Plaintiff United States of America

Defendant

  • Others
  • Pfizer Inc.
  • Pharmacia Corporation
  • Philip Morris USA Inc., f/k/a Philip Morris Incorporated

Legislation Cited

Racketeer Influenced and Corrupt Organizations (as amended), 18 USC Ch. 96

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

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)
Sales to or by Minors
Measures restricting tobacco sales to or by minors, as well as other retail restrictions relating to point-of-sale, candy and toys resembling tobacco products, vending machines, or free distribution. (See FCTC Art. 16)

Substantive Issues

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.
Legal Product
Tobacco is a legal product and the tobacco industry is a legal industry.
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.
Cultural Norms
A discussion on cultural attitudes around tobacco, specifically that tobacco use is an accepted part of the culture.

Type of Tobacco Product

None

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