A prisoner sued a tobacco company, alleging that he has suffered health complications as a result of breathing second-hand smoke from other inmates smoking the defendant’s products in the prison where he is incarcerated.  The court (Bell, J.) dismissed the complaint, concluding that “plaintiff fails to allege that warnings would have prevented his injury by altering the conduct of other prisoners.”  The court also found that the plaintiff “has failed to state a claim for breach of the implied warranty of merchantability.”  Thus, having failed to state a claim upon which relief can be granted, the complaint is dismissed.

1996 U.S. Dist. LEXIS 14408, No. 1:95-CV-254 (U.S.D.C. W.D., Mich. 1996).