August 11, 2022

Kelley Uustal Beats Big Tobacco in Nevada Supreme Court

A smoker can sue a tobacco company for consumer fraud, even if that individual didn’t use its products, the Nevada Supreme Court ruled last month. 

This crucial win for justice against the tobacco industry was served thanks to Kelley | Uustal’s attorney Fan Li. This monumental decision was acknowledged and reported on by the American Bar Association and Daily Business Review. 

In a July 28 opinion, a panel majority in Nevada ruled that a smoker can sue the R.J. Reynolds Tobacco Co. for misrepresenting the health hazards of cigarettes, even if that individual smoked brands made by other companies. 

The lawsuit alleged that Philip Morris USA and the R.J. Reynolds Tobacco Co. misrepresented the health hazards of cigarettes, and by doing so, violated the state deceptive trade practices law. 

Under the Nevada deceptive trade practices law, a “victim” is any person who can show that they were directly harmed by consumer fraud, according to reporting by the American Bar Association.

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