Guide to Tobacco Lawsuits (Explained Simply):
A History of Making Tobacco Companies Pay

Tobacco Lawsuits Overview

(A Long History Fighting to Make Big Tobacco Pay & What's Being Done Today)

Tobacco lawsuits have a unique place in the history of litigation.

At one point in history, manufacturers of cigarettes, chew and other tobacco products were considered untouchable.

Then, a tipping point was reached, and these once-invincible companies were forced to pay out millions of dollars to individuals, their families, and their estates.

Those affected by tobacco may still be able to claim compensation from tobacco companies.

The standards for this landmark personal injury litigation has changed significantly since they first began to be filed.

This guide will introduce you to the tobacco lawsuits and their history.

It will provide you with examples of how past cases were won and help you understand how to get started if you or a loved one has been harmed by the actions of a tobacco company and would like to sue.

A Brief Introduction to Tobacco Litigation

Tobacco has a long history in the United States. As a new-world native plant and one of the country’s first cash crops, it was grown from colonial New England all the way down to Spanish Florida. While most early tobacco crops were destined for foreign markets, it was used by Americans of every class and every walk of life.

It’s prominent position in the market meant that it was deeply embedded in every part of American history from the expansion of slavery to the debt crises that party caused the Revolution (several founders had tobacco farms made insolvent by price controls implemented in Europe).

Tobacco’s dominance in American life

Tobacco truly came of age with the nearly simultaneous birth of cigarettes and marketing. Smoking became a near-universal activity that was driven by social pressure and ad campaigns. Smoking was permitted nearly everywhere, including in restaurants, at the sports stadium and even on commercial flights.

Today, nearly all of those public settings are sternly smoke-free. Their ads have nearly vanished from TV, magazines, and billboards, and smokers on screen or on the streets have become a rare sight.

What caused this sudden change in American life?

Largely a generation of litigants and the lawyers who made their cases. These litigants had little choice in whether or not to seek damages.

The problems they were facing were expensive and severe.

A Brief History of Tobacco Litigation

Tobacco litigation has gone through several different generations defined by changing opportunities, new research and evolving legal arguments.

The following is a brief walkthrough of the lawsuit developments through the years.

 

 

 

The Engle Class Action Case and Outcome

The Engle case (Engle v. Liggett Group Inc.) is one of the most influential tobacco cases of recent history. It is named for the lead plaintiff Howard Engle, a pediatrician who suffered from a lifelong addiction to cigarettes.

He joined a class of 100,000 Florida smokers to seek damages on the basis that manufacturers failed to disclose the addictive nature of nicotine after they became aware of it.

The case was initially successful and seemed that it would set the stage for several other massive class-action suits in other states.

The original jury awarded the smokers nearly $150 billion dollars. The case was appealed to the appellate court and ultimately to the Supreme Court of Florida.

The Supreme Court ultimately upheld the decision by the appellate court to overturn the award. The smokers were prevented from filing again as a class.

However, the individual members were allowed to file lawsuits individually and the findings of the case—including the evidence showing that cigarettes were dangerous, addictive and defective—were allowed to stand.

The court also declared that tobacco companies could be considered liable for negligence, fraud, and conspiracy.

This paved the way individual cases to have an immediate step up when filed.

These individual cases, known as Engle’s progeny, are still going through the courts.

 

 

The Individual Suits of Recent History

 

The Way Forward

As a result of the Engle case and other suits, a class action is largely not considered a viable strategy in most states. The deals that manufacturers made with the states protect them from additional liability in some cases, but not all. Litigants have had some recent successes.

Judith Berger v. Philip Morris USA, Inc. recently ended in a judgment or more than $20 million against Philip Morris. Berger was one of “Engle’s Progeny”, who had been a member of the original class action.

Even though she testified that she was not misled, the court determined that the company’s actions to promote a false scientific controversy constituted fraud and conspiracy. Berger did not live to see the end of her case, and the award was claimed on behalf of her estate.

How to Get Started with a Tobacco Lawsuit

A class does not currently legally exist for smokers. Plaintiffs are responsible for demonstrating that they were directly harmed by nicotine addiction and the smoking-related illnesses that result.

Tobacco lawsuits are considered to be product liability claims.

However, in states such as Maine, cases are moving forward on the basis that cigarette companies have violated state consumer protection law.

Not Every Lawyer Can Handle Complex Tobacco Cases

Tobacco litigation is a deeply complex area of law, and tobacco companies possess both the will to fight and cash reserves to prolong a case for many years at a time.

For those and other reasons, tobacco cases are typically fought by lawyers and firms who have made the choice to focus on this particular area of law.

Specialist lawyers in this area must understand and be able to present detailed medical & scientific evidence and have the financial resources and know-how to prepare the case.

Cases must be brought carefully and thoroughly to avoid any of the many mistakes that can result in the case being thrown out.

The viability of the case may come down to the state in which it is being brought.

The lawyers who focus on tobacco suits are well-positioned to understand what approach should be taken to launch a case and keep it active.

Helpful evidence you can preserve now

If you plan to bring a tobacco case, there are records that you should preserve as soon as possible.

Most evidence that is presented in a tobacco case may depend on previously-discovered proof that tobacco companies concealed information that was pertinent to consumers.

However, you will be responsible for demonstrating that you suffered personal harm.

To that end, you should begin to preserve any documentation that involves…

• The length of time that you have been smoking:
  For example, receipts or budgets from previous years that detail the amount you spent on cigarettes and the years that spending occurred.
• Attempts to quit that were affected by the addictive nature of nicotine:
  For example, and records that can show that you sought prescriptions or psychiatric treatment to overcome nicotine addiction.
• The development of diseases associated with smoking:
  For example, medical diagnoses and bills related to illnesses such as laryngeal cancer, esophageal cancer, lung, mouth & throat cancers.
• Ongoing medical expenses for permanent conditions associated with smoking:
  For example, breathing equipment such as oxygen tanks, oxygen tents, radiation treatments, assisted-living costs, and other medical expenses.

 

It is not necessarily damaging for your case if you cannot personally gather this evidence.

Your lawyer will take on a significant part of the burden of gathering evidence. The more that you have ready, the faster your case will be able to proceed.