Professional Documents
Culture Documents
Tobacco 9
Tobacco 9
- https://www.nolo.com/legal-
encyclopedia/tobacco-litigation-history-
and-development-32202.html
- Teacher will give each student a printed
copy of the reading so they have
something to take notes on.
- Students will read through the
article and take notes on the
information
- Discuss article with students
- Cigarettes linked to cancer
in 1950’s
- Plans of attack
- negligent
manufacture - the
tobacco companies
failed to act with
reasonable care in
making and
marketing cigarettes
- product liability -
the tobacco
companies made
and marketed a
product that was
unfit to use
- negligent
advertising - the
tobacco companies
failed to warn
consumers of the
risks of smoking
cigarettes
- fraud, and
- violation of state
consumer protection
statutes (most of
which prohibit
unfair and deceptive
business practices).
- Defenses:
- Tobacco was not
harmful to smokers.
- Smokers' cancer
was caused by other
factors.
- Smokers assumed
the risk of cancer
when they decided
to smoke.
- 1980’s
- Cipollone v. Liggett,
the plaintiff and her
family alleged that
cigarette
manufacturers knew
-- but did not warn
consumers -- that
smoking caused
lung cancer and that
cigarettes were
addictive. Although
Rose Cipollone's
husband was
awarded $400,000,
an appellate court
reversed the
decision.
- the tobacco
companies argued
that smokers had
knowingly assumed
the risks of cancer
and other health
problems when they
began smoking. The
companies also
argued that various
state laws were
preempted by
federal laws. That
is, that federal laws
governing tobacco
advertising
superseded state
laws regarding the
same thing, and
plaintiff's couldn't
sue under the state
law.
- The first big win for
plaintiffs in a tobacco
lawsuit occurred in
February 2000, when a
California jury ordered
Philip Morris to pay $51.5
million to a California
smoker with inoperable
lung cancer.
- more than 40 states sued
the tobacco companies
under state consumer
protection and antitrust
laws. These states argued
that cigarettes contributed
to health problems that
triggered significant costs
for public health systems.
Terms of the settlement are referred to as the
Master Settlement Agreement. Highlights include:
rate?
3. How does it compare to your max heart
rate?
IV. Mind Map what the students answered for
question one and discuss. Each student can come
up with and write their own answer.
- Free time
- Must be doing SOMETHING
Self-assessment of plan