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Contingencies (Tables)
3 Months Ended
Mar. 31, 2024
Commitments and Contingencies Disclosure [Abstract]  
Schedule of Contingencies The changes in our accrued liability for tobacco and health and certain other litigation items, including related interest costs, for the periods specified below are as follows:
For the Three Months Ended March 31,
(in millions)20242023
Accrued liability for tobacco and health and certain other litigation items at beginning of period$346 $71 
Pre-tax charges for:
Tobacco and health and certain other litigation (1)
18 

12 
Shareholder derivative lawsuits (2)
 98 
JUUL-related settlements (3)
6 — 
Related interest costs 
Payments(6)

(11)
Accrued liability for tobacco and health and certain other litigation items at end of period$364 $171 
(1) Includes judgments, settlements and fee disputes associated with tobacco and health and certain other litigation.
(2) See Shareholder Class Action and Shareholder Derivative Lawsuits - Federal and State Shareholder Derivative Lawsuits below for a discussion of the settlement of the federal and state shareholder derivative lawsuits.
(3) Includes the settlement of certain e-vapor product litigation relating to JUUL e-vapor products and the e-vapor product litigation brought by the attorneys general of Hawaii, Minnesota and Alaska. See E-vapor Product Litigation below for a discussion of these settlements.
The table below lists the number of certain tobacco-related cases pending in the United States against us as of:
April 22, 2024April 24, 2023April 25, 2022
Individual Smoking and Health Cases (1)
174167163
Health Care Cost Recovery Actions (2)
111
E-vapor Cases (3)
5,1775,2703,744
Other Tobacco-Related Cases (4)
333
(1) Includes as of April 22, 2024, 20 cases filed in Illinois, 14 cases filed in New Mexico, 63 cases filed in Massachusetts and 41 non-Engle cases filed in Florida. Does not include individual smoking and health cases brought by or on behalf of plaintiffs in Florida state and federal courts following the decertification of the Engle class (these Engle progeny cases are discussed below in Smoking and Health Litigation - Engle Progeny Cases). Also does not include 1,113 cases brought by flight attendants seeking compensatory damages for personal injuries allegedly caused by exposure to environmental tobacco smoke (“ETS”). The flight attendants allege that they are members of an ETS smoking and health class action in Florida, which was settled in 1997 (Broin). The terms of the court-approved settlement in that case allowed class members to file individual lawsuits seeking compensatory damages but prohibited them from seeking punitive damages. Class members were prohibited from filing individual lawsuits after 2000 under the court-approved settlement.
(2) See Health Care Cost Recovery Litigation - Federal Government’s Lawsuit below.
(3) Includes as of April 22, 2024, 57 class action lawsuits, 3,614 individual lawsuits and 1,506 “third party” lawsuits relating to the Multidistrict Litigation discussed under E-vapor Product Litigation below. The 57 class action lawsuits include 32 cases in the Northern District of California involving plaintiffs whose claims were previously included in other class action complaints but were refiled as separate stand-alone class actions for procedural and other reasons. In May 2023, we reached agreement on terms to resolve the majority of the Multidistrict Litigation lawsuits. Also includes three patent infringement lawsuits filed against us and certain of our affiliates. For further discussion of the pending Multidistrict Litigation settlement and patent infringement litigation, see E-vapor Product Litigation below.
(4) Includes as of April 22, 2024, one inactive smoking and health case alleging personal injury and purporting to be brought on behalf of a class of individual plaintiffs and two inactive class action lawsuits alleging that use of the terms “Lights” and “Ultra Lights” constitute deceptive and unfair trade practices, common law or statutory fraud, unjust enrichment, breach of warranty or violations of RICO.
Currently Pending Engle Cases with Verdicts Against PM USA
(rounded to nearest $ million)
PlaintiffVerdict DateDefendant(s)Court
Compensatory Damages(1)
Punitive Damages
(PM USA)
Post-Trial Status
ChaconOctober 2023PM USAMiami-Dade
<$1 million
<$1 million
Appeals to the Third District Court of Appeal pending.
HoffmanJanuary 2023PM USAMiami-Dade
$5 million ($3 million PM USA)
$0
Appeal to the Third District Court of Appeal pending.
LevineSeptember 2022PM USA and R.J. ReynoldsMiami-Dade
$1 million
$0
Third District Court of Appeal affirmed compensatory damages award.
SchertzerApril 2022PM USA and R.J. ReynoldsMiami-Dade$3 million$0PM USA intends to appeal to the Florida Supreme Court.
LippSeptember 2021PM USAMiami-Dade
$15 million
$28 million
Third District Court of Appeal reversed and remanded for a new trial.
McCallMarch 2019PM USABroward
<$1 million (<$1 million PM USA)
<$1 million
Appeal to the Fourth District Court of Appeal pending.
ChadwellSeptember 2018PM USAMiami-Dade
$2 million
$0
Appeal to the Third District Court of Appeal pending.
Kaplan (McLaughlin)
July 2018PM USA and R.J. ReynoldsBroward
$2 million
$0
Appeal to the Fourth District Court of Appeal pending.
Cooper (Blackwood)
September 2015PM USA and R.J. ReynoldsBroward
$5 million
(<$1 million PM USA)
$0
Retrial of punitive damages claim pending.
(1) PM USA’s portion of the compensatory damages award is noted parenthetically where the court has ruled that comparative fault applies.
Engle Cases Concluded Within Past 12 Months
(rounded to nearest $ million)
PlaintiffVerdict DateDefendant(s)CourtPayment Amount for Damages (if any)
DuignanFebruary 2020PM USA and R.J. ReynoldsPinellas$1 million
FerraiuoloNovember 2023PM USA and R.J. ReynoldsDuval
<$1 million
GarciaMay 2021PM USAMiami-Dade$3 million
HollimanFebruary 2019PM USAMiami-Dade$3 million