MCCRACKEN v. R.J. REYNOLDS TOBACCO COMPANY et al

Filing 80

ORDER THAT REPUBLIC TOBACCO, INC.'S MOTION (ECF DOC NO. 61) IS GRANTED IN PART & DENIED IN PART, ETC. REPUBLIC TOBACCO, INC. SHALL ANSWER THE ALLEGATIONS RELATING TO THESE THEORIES NO LATER THAN 7/5/2018. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/26/18. 6/26/18 ENTERED AND COPIES E-MAILED AND MAILED TO PRO SE PLFF.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TED A. MCCRACKEN

v.

CIVIL ACTION
NO. 17-4495

R.J. REYNOLDS TOBACCO
COMPANY, et al.

ORDER
AND NOW, this 26th day of June 2018, upon considering Republic Tobacco, Inc. 's
Motion to dismiss (ECF Doc. No. 61), Plaintiffs Opposition (ECF Doc. No. 74) and for reasons
in the accompanying Memorandum, it is ORDERED Republic Tobacco, Inc.'s Motion (ECF
Doc. No. 61) is GRANTED in part and DENIED in part:
1.

Plaintiffs claims against Republic Tobacco, Inc. are dismissed without prejudice

except Plaintiffs negligence and strict liability theories against Republic Tobacco, Inc. for:
a.

"failure to warn" of the alleged conduct;

b.

"design defect" for allegedly (1) altering the amount of nicotine to

encourage continued addiction; (2) failing to contain product information data sheets; (3) failing
to list accurately and legibly the ingredients contained within its tobacco products and the smoke
including known carcinogens; and, (4) lacking stop smoking markings; and,
2.

Republic Tobacco, Inc. shall answer the allegations relating to these theories no

later than July 5, 2018.