In 2022, our firm was able to hold Big Tobacco accountable in a landmark case in the Nevada Supreme Court. As a result, this case created precedent and a “playbook” that lawyers can use in order to litigate similar claims in the future.
Sandra Camacho, the plaintiff in the case, sued three separate cigarette manufacturers as co-conspirators in a case that was defined as consumer fraud under Nevada’s consumer protection statute.
Our co-counsel, Fan Li, stated that the case was so impactful that it had laid the groundwork for other tobacco-related cases in the future.
Lawyers in all 50 states will be able to point to this Las Vegas case as precedent for any claims involving the tobacco industry and its victims.
Ms. Camacho was diagnosed with laryngeal cancer from her cigarette use. She smoked cigarette brands such as L&M, Marlboro, and Basic from 1964 until 2017. These cigarette brands were manufactured and distributed by the Liggett Group and Philip Morris USA.
In Ms. Camacho’s lawsuit, it was alleged that three separate cigarette manufacturers, Liggett Group, Philip Morris USA, and the R.J. Reynolds Tobacco Co., were involved in a conspiracy to misrepresent the safety of cigarettes by withholding information regarding their negative effects. The suit also claimed that they violated laws regarding state deceptive trade practices, as they were aware of the dangerous effects of cigarettes and depicted their products in a manner that ran contrary to those facts.
In response to the suit, the R.J. Reynolds Tobacco Co. argued that Camacho could not claim herself as a victim of their products. Their reason for asserting this was due to the fact that she did not use any of their products and, therefore, could not demonstrate any harm or negative health impacts in relation to the company’s purported deceptive trade practices.
The Nevada Supreme Court referred to the Nevada deceptive trade practices law, which stipulates that a “victim” is any individual who can show that they have been directly harmed by consumer fraud.
According to the State Supreme Court, “There is no product-use requirement.” As such, any person who has experienced some amount of harm from the defending party’s consumer fraud can be considered a victim and seek legal retribution.
While Ms. Camacho never used R.J. Reynolds’ products, she explained that she never would have started smoking tobacco had it not been for the deceptive trade practices of R.J. Reynolds and the other defendants (tobacco companies). It was their practices that led to her developing a smoking habit and, ultimately, led to her developing cancer.
For years, The Alvarez Law Firm has proudly served the Las Vegas area and all other communities in the great state of Nevada. Our track record for winning cases says it all, as we have helped countless clients seek legal restitutions from those they were wronged by. Clients who choose the Alvarez Law Firm enjoy the peace of mind of knowing that their cases will be handled by some of the most skilled lawyers in the country.
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