Class Action Cases

Background

In May 1996, in Castano v. American Tobacco Co., the Fifth Circuit Court of Appeals overturned the certification of a nationwide class of persons whose claims related to alleged addiction to tobacco products. Because of this ruling, many plaintiffs now sue the tobacco companies in state court rather than federal court.

Overall, however, few smoker class-action complaints have been certified or, if certified, have survived on appeal. Seventeen federal courts that have considered the issue, including two courts of appeals and most state courts, have rejected class certification in smoking-and-health cases.

Other types of class actions are also pending. Most of these suits have been brought on behalf of classes of individuals (or their legal survivors) who claim to have been addicted, injured or are at greater risk of injury due to the use of tobacco or exposure to environmental tobacco smoke.

One of the more recent types of state court class actions filed against R.J. Reynolds Tobacco Company is the so-called "lights" class action. These lawsuits typically allege that the marketing and sale of "lights" cigarettes are deceptive because smokers incorrectly believe that "lights" cigarettes yield less tar and nicotine and/or are safer when they are not. The class usually seeks refunds of all or a portion of the cost of "lights" cigarettes, in addition to punitive damages (if available under the relevant state consumer protection statute).

Our Viewpoint

• The overwhelming majority of state and federal courts around the country have held that smokers' claims cannot be tried as class actions.
• Courts have generally concluded that the unique facts and circumstances concerning each individual smoker outweigh any common issues that may exist in the class.

For more information, review class actions that have been tried since 1998.