History of Tobacco Litigation

1954-1978

Tobacco litigation began in 1954 when the first smoking and health case was filed.  The cases filed during this period were all personal injury cases, filed by individual plaintiffs, who alleged that they had contracted lung cancer or some other condition as a result of cigarette smoking.

The cases filed during this period were very similar, and based on traditional interpretations of the law at that time.  When compared with today’s model of litigation, the cases could be viewed as straightforward, without efforts to compel the companies to produce internal documents or submit to employee depositions.

During the 1954-1978 period, a total of 125 lawsuits were filed against cigarette manufacturers in the United States.  Of that number, only nine cases actually went to trial.  The others were all dismissed for different reasons, including the failure of the plaintiff to state a claim under the applicable law or because the facts of the case did not warrant a full-blown trial.  Without exception, each case against the companies ultimately failed.


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Litigation Landscape

1954 – 1978:

• Litigation involves individual personal injury cases.
• Lawsuits and pre-trial discovery are relatively straightforward.
• 125 lawsuits are filed against U.S. tobacco companies; nine cases proceed to trial.