Tobacco.org

U.S. Supreme Court Reject Final Appeal in Williams Case and Opens Door for High Punitive Damages Against Cigarette Companies 

“After a reference in the U.S. Supreme Court’s 2003 decision in State Farm v. Campbell that due process generally requires a limit of a single-digit ratio between the punitive damages and the underlying compensatory damages in a case, there was speculation that such a limit would be required even in tobacco products liability cases. However, the Oregon Supreme Court had rightly held that the degree of Philip Morris’ reprehensibility was so severe that due process provided for a ratio beyond an artificial limit of single digits,” said Edward L. Sweda, Jr., Senior Attorney for the Tobacco Products Liability Project (TPLP). “I am especially delighted that the Williams family has finally achieved victory in its attempt to hold Philip Morris accountable in a court of law for its reprehensible misconduct,” Sweda added.

“Today’s order marks the third consecutive major defeat for the tobacco industry before the U.S. Supreme Court,” said TPLP's Director Mark Gottlieb, noting that in June 2007 the Court had unanimously rejected Philip Morris’ attempted defense of light cigarette lawsuits on the historically inaccurate grounds that the Federal Trade Commission had “authorized” the company’s conduct regarding using descriptors of light cigarettes. Last December, the Court, in Altria Group. Inc. v. Good, rejected Philip Morris’ argument that the Federal Cigarette Labeling and Advertising Act preempts consumer protection lawsuits over the company’s light cigarette scam. "Today's ruling removes any doubt that very high punitive damages are available against cigarette companies, including in the 8,000 or so cases moving to trial in Florida," Gottlieb concluded.

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