History of Tobacco Litigation

1979–1993

The late 1970s signaled a change in the way that plaintiffs’ lawyers approached tobacco cases.  For the first time, they began to seek discovery (mainly internal documents and employee testimony) aggressively from the defendants, attorneys began to file multiple cases, and attorneys from different firms began to cooperate and share information.

The types of cases being filed also changed.  While the primary focus of the litigation during this period remained individual smoker cases, attorneys also began filing cases involving the ignition propensity (or fire safety) of cigarettes and also the effects of environmental tobacco (secondhand) smoke.

In all, 18 cases filed during this period ultimately went to trial. Only one jury returned a verdict for the plaintiff – in the Cipollone case in Newark, New Jersey.  While Philip Morris USA was found to have no liability in the Cipollone case, the jury ruled that another defendant – Liggett Group – did have liability and awarded the plaintiff $400,000.

The United States Court of Appeals for the Third Circuit in Philadelphia reversed the jury’s verdict against Liggett.  The plaintiff then appealed the reversal to the United States Supreme Court.  The Supreme Court accepted the case to decide one important legal issue: the impact of government health warnings on cigarette packages and advertisements on liability claims against cigarette companies.

In 1992, the Supreme Court decided that cigarette manufacturers cannot be held liable for failure to warn against the health risks of smoking after July 1, 1969.  This doctrine, known as “federal preemption,” has formed an important part of Philip Morris USA's defense in U.S. smoking and health litigation ever since.

The Cipollone case was sent back to the New Jersey court for another trial, but the plaintiff decided to dismiss the case instead.  Many observers believed at the time, however incorrectly, that the Supreme Court ruling in Cipollone signaled the end of the litigation threat facing the industry.


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Litigation Landscape

1979 – 1993:

• Plaintiffs' attorneys become more aggressive with discovery, filing multiple cases and sharing information.
• Individual smoking and health cases continue to predominate, but suits involving fire safety and environmental tobacco smoke appear.
• 18 cases go to trial, including Cipollone, which represents the first favorable verdict for a plaintiff in tobacco litigation.
• Supreme Court decides that cigarette manufacturers cannot be held liable for failure to warn against health risks of smoking after July 1, 1969.