The History of Tobacco Litigation
If you or a member of your family has contracted lung disease after being deceived regarding the effects of smoking Marlboro Lights, we urge you to contact our Albuquerque firm for information about tobacco class action litigation.
For more than half a century, plaintiffs have been filing lawsuits against tobacco companies for the harm their products cause. These lawsuits, however, did not meet with significant success until fairly recently. An attorney from Will Ferguson & Associates in Albuquerque, New mexico, experienced in tobacco litigation, can advise you on the strategies that best suit your case.
The eras of lawsuits against tobacco companies are generally divided into three “waves,” based on their underlying legal theories and the social and legal climate of the time.
The First Wave of Tobacco Litigation
Litigation against tobacco companies did not begin until the health problems caused by tobacco became well known. The 1950s saw suspicions about the dangers of tobacco crystallize, with numerous articles and scientific studies published on the subject. Definitive links between smoking and cancer were established.
Plaintiffs, usually with lung cancer, filed suit against the tobacco companies, alleging that the companies were negligent or that they marketed a product that was not reasonably fit for use.
Tobacco companies fought these lawsuits with all their resources, never settling out of court. They argued that tobacco was not harmful; that smokers had been exposed to other cancer risks; or that smokers had assumed the risk of cancer when they decided to smoke. The tobacco companies won every suit that went to trial.
The Second Wave
The second wave of litigation against tobacco companies arrived in the early 1980s. The landmark case of that era was Cipollone v. Liggett Group, Inc. In that case, Rose Cipollone, a former smoker who eventually died of lung cancer, sued the maker of the cigarettes she smoked for 40 years. Ms. Cipollone and her family alleged that the company knew that smoking caused lung cancer and was addictive but did not warn consumers. The company countered that Ms. Cipollone had been aware that smoking was dangerous and continued to smoke anyway.
Although Ms. Cipollone’s husband was awarded $400,000, this was later reversed on appeal. Eventually, the family had to drop the lawsuit because of its expense. Cipollone v. Liggett Group demonstrated how difficult it was to successfully sue a tobacco company.
Other plaintiffs also sued the tobacco companies during this time, but they typically lost because the companies successfully argued that the plaintiffs had been at fault because they had assumed the risk of smoking; they also argued that the plaintiffs’ claims were preempted by other laws.
Cipollone, in part, made the third wave of cases possible.
The Third Wave
Beginning in the 1990s, tobacco litigation plaintiffs have met with more success. The plaintiffs took a different approach this time, partially based on leaked tobacco company documents on the addictive qualities of cigarettes.
In 1998, most of the states settled with large tobacco companies in an agreement called the Master Settlement Agreement. This multibillion-dollar settlement requires the tobacco companies to provide the states money to pay for the health costs of cigarettes and fund antismoking programs.
The Master Settlement Agreement was spurred in part by the rising success of individual plaintiffs’ lawsuits and class action lawsuits against the tobacco companies.
Today’s Tobacco Litigation
Tobacco litigation in the US still involves an uphill battle for the plaintiff due to the tobacco companies’ vast resources. Plaintiffs have continued to succeed, however, and an experienced lawyer can advise you of your rights. Contact an attorney from Will Ferguson & Associates in Albuquerque, New mexico, to discuss your legal options.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.