November 1, 2007

A frequent theory seen in tobacco litigation is the concept that manufacturers could have introduced an uninhaleable nicotine- and tar-free cigarette that tasted repellent and no one would have wanted to buy, and therefore all cigarettes sold are "defective." Steven L. Vollins writes for WLF about two New York cases coming to opposite conclusions on the matter. The more sensible of the two, Mulholland v. Philip Morris USA, Inc., No. 05 Civ. 9908 (S.D.N.Y. July 24, 2007), noted that the “vast majority of courts have been markedly unreceptive to the call that they displace markets, legislatures, and governmental agencies by decreeing whole categories of products to be ‘outlaws.’”