Since the first product liability lawsuit against cigarette makers in 1954, individuals, classes, and the government have filed hundreds of similar actions. Most of these cases have been unsuccess-ful. In the early 2000s, juries in California and Oregon awarded multimillion-dollar verdicts to ailing smokers, but judges then slashed these awards, and the cases are still on appeal. Even U.S. v. Philip Morris Incorporated et al., the U.S. Department of Justice’s 2000 racketeering case against the industry—which cost the government more than $100 million to bring—failed to re-sult in monetary damages against the cigarette makers.
Meanwhile, the federal government’s efforts to regulate the industry that kills 400,000 Ameri-cans annually, according to the Centers for Disease Control and Prevention, have so far proved unsuccessful—until now. Proposed legislation that would give the Food and Drug Administra-tion sweeping authority over tobacco appears poised to become the federal government’s first successful attempt to regulate tobacco companies. It could also significantly reduce future to-bacco litigation. In August the House of Representatives overwhelmingly approved the Family Smoking Preven-tion and Tobacco Control Act, which is expected to pass a Senate vote. Both presidential candi-dates were cosigners of the legislation in the Senate, and regardless of whether Barack Obama or John McCain wins the election, the bill will almost certainly be signed into law.
