Court Tosses Punitive Award Against Philip Morris

Industry InsightEvents by tobaccoreporter
Jul.03.2022

A U.S. federal appeals court tossed out a $9 million punitive-damages award awarded by a lower court against Philip Morris USA in a case filed by a woman who suffered a smoking-related illness that led to her legs being amputated, reports The Free Press.

Court Tosses Punitive Award Against Philip Morris

Donna Brown filed the lawsuit in 2007 in the federal Middle District of Florida, and a jury sided with her on claims for strict liability, negligence, fraudulent concealment and conspiracy to fraudulently conceal. It awarded Brown nearly $8.29 million in compensatory damages and $9 million in punitive damages.

 

In its appeal, Philip Morris pointed to a recent Florida Supreme Court opinion that said plaintiffs must show that they relied on misleading information from cigarette makers to prevail on claims for fraudulent concealment and conspiracy to fraudulently conceal.

 

In its June 30 ruling, the 11th U.S. Circuit Court of Appeals said Brown had presented “insufficient evidence” to show that she relied on specific false or misleading statements by the company.

 

The Atlanta-based court overturned the verdicts on the fraud-related claims but upheld the verdicts against the cigarette maker on strict liability and negligence.

 

The lawsuit was one of thousands of cases filed against tobacco companies after a 2006 Florida Supreme Court decision established critical findings about issues such as the dangers of smoking and misrepresentation by cigarette makers. Those lawsuits are known as Engle Progeny cases.

KT&G Revises Partnership Terms with PMI, Secures Overseas Commercialization Rights for Multiple Heated Tobacco Platforms
KT&G Revises Partnership Terms with PMI, Secures Overseas Commercialization Rights for Multiple Heated Tobacco Platforms
KT&G has revised the terms of its 15-year partnership agreement with Philip Morris International (PMI), securing overseas commercialization rights for multiple heated tobacco platforms and adjusting the minimum guaranteed sales volume for lil-exclusive heated tobacco sticks from 16 billion units to 11 billion units.
Dec.12 by 2FIRSTS.ai
Argentine province of Santa Fe passes bill expanding smoking regulations to include e-cigarettes and heated tobacco products
Argentine province of Santa Fe passes bill expanding smoking regulations to include e-cigarettes and heated tobacco products
The Santa Fe Provincial Chamber of Deputies has passed a bill amending the 2005 Provincial Anti-Smoking Law (No. 12,432) to include e-cigarettes, vaping devices, and heated tobacco products. Lawmaker Sonia Martorano, who authored the initiative, said the reform aims to strengthen prevention policies amid growing youth use, stressing that “even without nicotine, these devices are toxic.”
Nov.05 by 2FIRSTS.ai
Product | 2× “2+10” configuration, rated 36,000 puffs — VOZOL launches NEON PLUG MAX
Product | 2× “2+10” configuration, rated 36,000 puffs — VOZOL launches NEON PLUG MAX
VOZOL has listed a new product, NEON PLUG MAX, on its official website, featuring dual 2 ml prefilled pods and dual 10 ml refill bottles (24 ml total), a claimed maximum of 36,000 puffs, and two-flavour switching. The device was previously shown at InterTabac 2025 and was listed by the UK MHRA in March 2025; however, as of publication it was not yet available on overseas retail sites.
Oct.22 by 2FIRSTS.ai
CNIPA Targets E-Cigarettes as Key Focus in Crackdown on Trademark Violations
CNIPA Targets E-Cigarettes as Key Focus in Crackdown on Trademark Violations
National Intellectual Property Office issued a notice to strengthen management of illegal use of trademarks, promoting fair competition.
Nov.25 by 2FIRSTS.ai
Kentucky to Require Tobacco and Vape Retailers to Be Licensed Starting January 2026
Kentucky to Require Tobacco and Vape Retailers to Be Licensed Starting January 2026
The Kentucky Public Protection Cabinet has reminded all businesses selling tobacco, nicotine, and vapor products that they must be licensed by the Kentucky Department of Alcoholic Beverage Control (ABC) by January 1, 2026. The requirement stems from Senate Bill 100, signed into law by Governor Andy Beshear on March 24, 2025, aimed at strengthening youth protection and enforcing compliance against unlicensed sales.
Nov.17 by 2FIRSTS.ai
Altria and NJOY Sue ITC, Claim Judge Appointment Process Is Unconstitutional
Altria and NJOY Sue ITC, Claim Judge Appointment Process Is Unconstitutional
Altria Group and its NJOY subsidiary have filed a lawsuit in Virginia federal court challenging the U.S. International Trade Commission’s process for appointing administrative law judges. The companies allege the system violates the U.S. Constitution and seek to halt an ITC patent investigation initiated by rival Juul.
Nov.10