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Case ID: 2844 | Consumer Products | 11/03/2003
A class action has been filed against the United States Tobacco Company and four other smokeless tobacco product manufacturers on behalf of Florida consumers who allege that they have been misled about the addictive properties and health risks associated with chewing tobacco and snuff, in violation of state consumer protection laws. The action seeks money to pay for medical monitoring and unspecified punitive damages.
Named as defendants in the action are Conwood Company, LP; Pinkerton Tobacco Company; Swisher International, Inc.; Swedish Match North America, Inc.; and United States Tobacco Company. The Smokeless Tobacco Council, Inc., of Greenwich, Connecticut is also named. Named plaintiff Matthew Vassallo, a high school teacher and athletic coach, alleges that he began chewing tobacco as a college freshman after he was attracted by the industry's "aggressive" marketing and advertising campaign. At age 27, Mr. Vassallo was diagnosed with squamous cell carcinoma, a disease associated with tobacco use. Surgery and radiation treatments have left Mr. Vassallo with only 2/3 of a tongue, a speech impediment, loss of taste, the inability to salivate, the inability to swallow without the aid of continual hydration, and scar tissue that runs from the back of his ear to the tip of his chin. The action alleges that Mr. Vassallo also suffers from depression as a result of his disfigurement and the embarrassment of having failed his students and players as a responsible role model. As a result of his visible disfigurement and lifestyle changes associated with new eating and drinking procedures, Mr. Vassallo has experienced several failed personal relationships. The action alleges that chewing tobacco and snuff contain about three times the nicotine levels of cigarettes even though smokeless tobacco is advertised as a safer alternative to smoking. Allegedly, tobacco companies engage in advertising that misleads the public, using celebrities and sports figures to market the products to young users. The action is modeled the lawsuit on the Engle action in which a Miami jury in 2000 returned a verdict of nearly $145 billion in punitive damages to a class of smokers harmed by tobacco products. That verdict is currently on appeal. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Consumer Products Cases of Interest A national class action has been filed in Illinois against Sprint Communications Company, L.P. The action is brought on behalf of all U.S. residents, who are not Sprint customers, but who have had unauthorized charges added to their phone service by Sprint. The action is brought under the federal Communications Act and federal common law and seeks disgorgement of profits, penalties, compensatory damages and injunctive and declaratory relief. A blind UC Berkeley student filed a lawsuit against Target Corp., claiming that the retailer is violating the civil rights of those who cannot see because its Web site is inaccessible to them. Although it might seem odd that the blind would use a Web site like www.target.com, advocates for the blind that computer software and coding embedded in Web sites makes surfing the Internet as easy for those who cannot see as it is for those who can. A class action has been filed against entertainment software company Midway Games, Inc. (NYSE: MWY) and certain of its officers and directors by stockholders who purchased the company's common stock between December 11, 2001, and July 30, 2003. A class action has been filed in the Northern District Court of Illinois against Office Max Inc, (NYSE:OMX) a multinational contract and retail distributor of office supplies, paper, technology products and office furniture, and certain of its officers and directors by stockholders who purchased the company's common stock between November 9, 2004 and January 11, 2005. The action claims that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. The stockholders seek to recover compensatory damages for the loss of value of their stock. A class action has been filed in the Southern District Court of New York against Jakks Pacific, Inc. (NYSE: JAKK), a California based toy company and certain of its officers and directors by stockholders who purchased the company's common stock between October 26, 1999 and October 19, 2004. The action claims that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. The stockholders seek to recover compensatory damages for the loss of value of their stock. The parties have agreed on a tentative partial settlement of $61.42 million in a class action lawsuit pending in the Contra Costa County Superior Court against the manufacturers of Cal-ShakeŽ roofing Shakes ("Cal-ShakeŽ Shakes"). Cal-ShakeŽ Shakes are a fiber cement roofing product made to look like wood shakes or slate tiles. Plaintiffs allege that Cal-ShakeŽ Shakes are defective and that the Shakes caused home damage for which Class Members should be paid. Plaintiffs are seeking payment for the cost of removing and replacing all Cal-ShakeŽ Shakes in the state of California. The case is scheduled to go to trial in April, 2005. |
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