Appeals Court Breathes New Life Into Smoker’s Suit Against Philip Morris

An Alaska state court lawsuit against tobacco giant Philip Morris USA and brought on behalf of a deceased smoker has been ordered reinstated by a federal appeals court.

The Ninth Circuit Court of Appeals held that state product liability laws are not preempted by federal laws regulating cigarettes, an important legal ruling that could prove beneficial to thousands of other former smokers and their families who bring lawsuits against Big Tobacco.

Philip Morris, a branch of Altria Group Inc., was sued in connection with the 2004 lung cancer death of Benjamin G. Francis, who died at age 52. Francis’ common law wife, Dolores Hunter, and her deceased husband’s estate brought the suit seeking a ban on cigarette sales in Alaska, according to a Reuters news report.

Companies Opposed State Suit

Altria and Philip Morris claimed the lawsuit did not belong in Alaska state courts, since it related to a local cigarette vendor, Alaska Commercial Co. A lower state court agreed and held that such state claims were preempted, or barred, by Congressional intent not to ban the sale of cigarettes.

Today, the Ninth Circuit reversed that lower court ruling and held that Altria had “failed to establish a clear conflict between Hunter’s claim and federal law.” The federal appeals court also concluded that federal regulatory laws for cigarettes “do not provide strong evidence of a federal policy against more stringent state regulation.”

The Ninth Circuit remanded the lawsuit to Alaska state courts after ruling the suit did not have jurisdiction to remain in federal courts, according to Reuters.

FDA Cracks Down on Flavored Cigarettes

The FDA was recently granted new authority from Congressional leaders to regulate certain aspects of the tobacco industry. While the FDA will not have the power to ban cigarettes, the agency will be able to regulate tobacco advertising and the marketing of cigarettes to children.

The agency flexed its new muscle last month when it announced a ban on candy and fruit flavors of cigarettes, which officials said are particularly targeted to children.

Other Recent Big Tobacco Awards

Huge financial awards against cigarette companies have been making headlines lately.

In August, the daughter of a California woman who died of lung cancer after a lifetime of smoking was awarded $13.8 million in punitive damages from Philip Morris USA. Also earlier this year, the U.S. Supreme Court ordered Philip Morris to pay more than $79.5 million in punitive damages to the widow of a longtime Oregon smoker.

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