Can I Sue 'Big Tobacco' or a Nicotine Product Company?

Many lawsuits through history have shaped the nicotine and tobacco industry. Tobacco litigation has become so big that it is now what lawyers call a “mass tort.” And with new products available for you to buy and use, new legal issues can still arise.

An attorney can analyze your situation. Based on the dispute or tobacco-related illness, they can help you understand whether a lawsuit is right for you and what to expect. Find a local lawyer who can help you check your options. 

It’s Still Possible To Sue Tobacco Companies and Win

Tobacco litigation can be complex and time-consuming because these companies are prepared to fight. But plaintiffs find a way to sue big tobacco companies.

For instance, in 2009, a Florida jury ordered cigarette company Philip Morris USA to pay $300 million in damages to an ex-smoker. That case was a part of the Engle progeny litigation, a group of almost 8,000 individual complaints filed after the Florida Supreme decertified their class action lawsuit in 2006.

Lawsuits and Complaints Can Improve Safety

In November 1998, most states and the four major U.S. tobacco companies entered a Master Settlement Agreement (MSA). The MSA changed how manufacturers could target consumers and advertise products.

The tobacco industry has since taken more precautions, such as:

• Adding warnings to products
• Being clear about the dangers of smoking and smoking-related illnesses
• Stopping misleading advertisements
• Not targeting minors or first-time smokers
• Lowering risks to public health

Despite these changes, smokers and non-smokers can still pursue a case against tobacco companies. Lawsuits may be more limited than in the past on the claims made. But there are new products and forms of nicotine available, such as e-cigarettes, that may give rise to lawsuits.

In October 2021, changes by the Food and Drug Administration (FDA) allowed the marketing of e-cigarette products. The laws around pricing, taxing, and selling tobacco products often change. There will likely always be health care, product liability, consumer protection, and tobacco control concerns to bring against major tobacco companies.

Reasons To Sue ‘Big Tobacco’

There are many reasons to bring a lawsuit against an American tobacco company. Keep in mind that there are federal regulations on tobacco as well as state-specific laws. You also do not automatically get to bring a case because you are a tobacco user. You need to have suffered some harm caused by the effects of smoking or chewing the tobacco product.

You might consider suing for:

• Illnesses and injuries related to smoking, such as lung cancer, heart disease, etc.
• Wrongful death of a loved one or severe health effects
• Consumer protection claims or fraud
• Not following the U.S. Surgeon General’s warnings or guidelines
• Medicaid costs (this was more common in the 1980s)
• How a company advertises cigarette/cigar smoking or vaping
• Health care costs as a result of tobacco use
• Concerns or health risks from secondhand smoke
• Unsafe conditions if you work for a cigarette manufacturer

You can sue for compensation and, in some cases, punitive damages (these are damages intended to punish a wrongdoer). But most tobacco court cases get settled.

Keep in mind that some products might contain just nicotine, just tobacco (such as herbal cigarettes), or both. An attorney can help you understand which tobacco manufacturer or other cigarette companies to sue.

Vaping Litigation

Nicotine and tobacco products are evolving. It’s not just cigarettes and tobacco anymore.

New products enter the market each year, such as:

• Vaping liquids and e-cigarettes
• Chews
• Pills
• Patches
• Heated Tobacco Products (HTPs)
• Inhalers
• Various types of cigarettes, such as light cigarettes and new flavors of cigarettes
• Gums
• Nasal sprays
• Lozenge products

These new products bring about new state laws and lawsuits. Although some of them involve products intended to help you quit smoking, the majority of lawsuits include e-cigarettes and vaping.

Most have been against JUUL, and some involve Altria Group (an investor in JUUL and owner of the tobacco company Philip Morris). Common allegations include:

• Targeting vaping products to youth through advertising and flavors
• Failing to warn of dangerous levels of nicotine in vaping products
• Failing to warn about the risk of lung illness and injuries related to vaping

States have been getting into the act. Various state attorneys general have brought their vaping lawsuits against tobacco and nicotine companies, mainly for targeting young people.

How To Join a Tobacco Class Action Lawsuit or Settlement 

It’s possible to join a class action instead of starting your own lawsuit for a similar claim. There are two common ways you might find out about an existing legal case. Many people don’t even know about a class action lawsuit while it’s still pending. 

You Receive a Settlement Notice

First, you might receive an email or letter explaining that you qualify as a potential member of the class. The message says the class members will each get a small sum of money. It will explain a few basic details about the case, such as the court and case number.

Accepting the settlement money typically means waiving your right to an individual claim. You can choose to opt out of a settlement if you plan to pursue your own case. To do so, you must follow the opt-out process before the deadline as explained in the notice. Keep in mind that a successful class action lawsuit doesn’t guarantee that you will win a separate lawsuit.

You Hear About a Pending Case

Alternatively, you might hear about a case through a legal advertisement or news story and realize you suffered the same issue. The case is just getting started, but you believe your story could help support it. Or, you just want to be sure that you’re included in any settlement or award. The law firm leading the tobacco lawsuit may have set up a contact form or phone line, which you can use to see if you can join.

Tobacco Use at Work

Smoking and tobacco have been the subject of many legal issues over the years. While some involve manufacturers and sellers, other types of companies may face lawsuits related to smoking. For example, civil cases can arise between employees and employers. 

You can learn about the laws related to tobacco use at work in the guides below:

• Smoker Protection Laws
• Smoking in the Workplace and Workers’ Compensation
• Your Rights: Smoking at Work

Seek Legal Help for Your Claim

If an experience you’ve had with tobacco or nicotine seems like a reason to sue, finding a law firm that works with tobacco lawsuits should be your first step.

Experienced litigation and appeals lawyers can assess the viability of your case. They can guide you through the complexities of the legal process and help you understand the potential outcome of your case. With the evolving landscape in nicotine and tobacco products, new bases for litigation may emerge.

You can contact a litigation attorney to discuss a lawsuit, or you may need one focusing on personal injury, product liability, or another legal issue.