New York Court of Appeals December 16, 2008 (Adamo v. Brown & Williamson Tobacco Corp.)

lead-opinion

OPINION OF THE COURT

Smith, J.

Plaintiffs claim that two cigarette companies were negligent in designing their product, in that they should have used lower levels of tar and nicotine. We agree with the Appellate Division that plaintiffs failed to prove an essential element of their case: that regular cigarettes and “light” cigarettes have the same “utility.