TOBACCO CONTROL LAWS

European Community v. RJR Nabisco, Inc.

This case involves a claim against RJR Nabisco that the company directed and managed a global smuggling and money-laundering scheme with organized crime groups in violation of the Racketeer Influenced and Corrupt Organizations (RICO) law. The court ultimately dismissed the entire action for lack of subject matter jurisdiction.

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European Cmty. v. RJR Nabisco, Inc., 814 F.Supp.2d 189 (E.D.N.Y., 2011).

  • United States
  • May 13, 2011
  • U.S. District Court, Eastern District of New York
View Case History

Parties

Plaintiff

  • European Community, acting on its own behalf and on behalf of the Member States it has power to represent
  • Republic of Austria
  • Kingdom of Belgium
  • Republic of Bulgaria
  • Republic of Cyprus
  • Czech Republic
  • Kingdom of Denmark
  • Republic of Estonia
  • Republic of Finland
  • French Republic
  • Federal Republic of Germany
  • Hellenic Republic
  • Republic of Hungary
  • Republic of Ireland
  • Italian Republic
  • Republic of Latvia
  • Republic of Lithuania
  • Grand Duchy of Luxembourg
  • Republic of Malta
  • Kingdom of the Netherlands
  • Republic of Poland
  • Portuguese Republic
  • Romania
  • Slovak Republic
  • Republic of Slovenia
  • Kingdom of Spain
  • Kingdom of Sweden

Defendant

  • RJR Nabsico, Inc.
  • R.J. Reynolds Tobacco Company
  • RJR Acquisition Corp., f/k/a Nabisco Group Holdings Corp.
  • RJR Nabisco Holdings Corp.
  • R.J. Reynolds Tobacco Holdings, Inc.
  • R.J. Reynolds Global Products, Inc.
  • Reynolds American Inc.
  • R.J. Reynolds Tobacco Company

Legislation Cited

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

International/Regional Instruments Cited

Treaty on the Functioning of the European Union (TFEU)

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
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.

Tobacco Control Topics

Illicit Trade
Measures relating to illicit trade, including smuggling, illicit manufacturing and counterfeiting. (See FCTC Art. 15)
Liability
Measures dealing with criminal and civil liability, including compensation. (See FCTC Art. 19)

Substantive Issues

Criminal Violation
A claim of an infringement of any criminal law.
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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