What to do if I recently bought a pack of cigarettes from a store and it turns out that this brand has been discontinued for 3 years?

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What to do if I recently bought a pack of cigarettes from a store and it turns out that this brand has been discontinued for 3 years?

I had originally thought they had reintroduced them but was wrong. I know they don’t have an expiration date but they do have a shelf life. I’ve smoked a couple of them already but every time I do, I feel nauseous and my throat feels like it swells a little. It should be negligent on their part to sell something that is that old. Is there any course of action I can take against the store?

Asked on September 26, 2012 under General Practice, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you had medical treatment resulting from use of the old cigarettes, you would have a personal injury claim against the store.  Your personal injury claim should be filed with the store's insurance carrier and should include your medical bills, medical reports and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  If the case is settled with the store's insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the store's insurance carrier, you will need to file a lawsuit for negligence against the store prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

If you did not have medical treatment as a result of smoking the old cigarettes, you don't have any case because you don't have any documented injury.  You don't have a personal injury claim to file with the store's insurance carrier or a lawsuit for negligence against the store.


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