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New York Court of Appeals strikes down smoker requests for court-ordered health tests

Potential for future harm not a factor in determining current responsibility

Generally speaking, smoking is regarded as an unhealthy habit that will sooner or later lead to health complications. But a New York state court has ruled that, despite the potential for harm, cigarette manufacturers are not responsible for assisting their customer base in the monitoring of potentially related health effects.

The New York Court of Appeals ruled on Dec. 17 that it would not recognize a right to medical monitoring by smokers who had not yet come down with a related illness. The ruling was in response to a suit brought by four smokers in 2006 against Phillip Morris USA and its parent company Altria Group Inc. The smoker sought court-ordered scans and screenings for Marlboro smokers over the age of 50 in the state of New York, complements of Big Tobacco.

Executive Editor

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Chris DiMarco

Chris DiMarco, Executive Editor of InsideCounsel magazine, has a background in multimedia production with previous involvement in projects in which he developed and created content...

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