• 20
  • December
    2010

Over the last decade, we have heard a great deal about lawsuits aimed at cigarette manufacturers, but lawsuits against companies producing or distributing smokeless or chewing tobacco have not received much attention. In fact, until earlier this month, it appears only one case concerning chewing tobacco had actually gone all the way to settlement or verdict - a 1986 case from Oklahoma that resulted in a verdict for U.S. Smokeless Tobacco.

Although it didn't reach a jury, a wrongful death case filed by the family of a North Carolina man, now appears to be the first settlement of a lawsuit concerning chewing tobacco. Earlier this month, U.S. Smokeless Tobacco, and its parent company Altria, agreed to pay the family $5 million dollars in settlement for the death of a 43-year-old man that died as a result of tongue cancer. The deceased man had reportedly used chewing tobacco since the age of 13.

This settlement marks what may be the first ever settlement of a smokeless tobacco lawsuit. However, it may not provide a precedent that will be followed any time soon. U.S. Smokeless Tobacco, the maker of popular chewing tobaccos Skoal and Copenhagen, was acquired last year by Altria, which was formerly known as the Phillip Morris Companies and is the maker of Marlboro.

Since the announcement of this settlement, Altria has commented saying its policy is not to settle these types of lawsuits and has no intention to do so in the future. However, U.S. Smokeless Tobacco has apparently made the offer to settle this lawsuit before its acquisition by Altria.

While this particular case may not provide a template for others to follow in wrongful death or defective products lawsuits, it may be looked at as a starting point for these types of cases. The $5 million dollar settlement is relatively small compared to the size of many tobacco-related verdicts in the past. It remains to be seen if tobacco companies will choose to settle cases such as these rather than litigate them all.

Source: The Hartford Courant, Chewing Tobacco Company Agrees to Pay $5 Million Settlement to Cancer Victim's Family, Edmund H. Mahoney 12/7/10