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Chapter eleven

Landmarks in Law


Here is a brief overview of some of the key legal landmarks in efforts to call the tobacco industry to account in court.

1954

In the US, the first liability suit is brought against the industry--Liggett & Myers--by Pritchard. Dropped by the plaintiff 12 years later, setting the precedent for the industry's case-busting tactics of wearing plaintiffs out financially.

In the US, Eva Cooper sues RJ Reynolds for her husband's death from lung cancer. Court rules that there was no evidence that smoking was to blame.

Suit brought in the US against Philip Morris by John Ross, who lost his larynx to cancer.

1963

"We are, then, in the business of selling nicotine, an addictive drug effective in the release of stress mechanisms."

Seven US tobacco liability suits filed.

Philip Morris wins Ross case.

Brown & Williamson's (B&W) General counsel Addison Yeaman writes his infamous memo in anticipation of the forthcoming Surgeon General's report: "...nicotine is addictive. We are, then, in the business of selling nicotine, an addictive drug effective in the release of stress mechanisms."

1964

17 US tobacco liability suits filed.

1976

Donna Shrimp sues New Jersey bell telephone for not protecting her from second-hand smoke. Wins.

1981

CBS Chicago news broadcaster Walter Jacobsen accused B&W on air of using sensational advertising to lure young people to smoke.

1983

In the US, Rose Cipollone, who had smoked since she was 17 in 1942 and had lost a lung to cancer had a suit filed for her by her husband. The following year Rose dies of lung cancer aged 58.

1985

B&W sues CBS and broadcaster Walter Jacobson for libel for the 1981 commentary. B&W won a $3.05 million verdict--the largest libel award ever paid by a news organisation.

1986

US Tobacco wins the Sean Marsee trial in Oklahoma, the only smokeless-tobacco liability case ever tried.

1988

...a conspiracy by three tobacco companies that is "vast in scope, devious in its purpose, and devastating in its results."

The Cipollone trial makes public a 1972 confidential report prepared by the Philip Morris research centre in Virginia entitled Motives and Incentives in Cigarette Smoking. It reads in part: "The cigarette should be conceived not as a product but as a package... Think of the cigarette as a dispenser for a dose of nicotine...Smoke is beyond question the most optimized vehicle of nicotine, and the cigarette the most optimized dispenser of smoke."

The judge presiding over the Cipollone trial says he had found evidence of a conspiracy by three tobacco companies that is "vast in scope, devious in its purpose, and devastating in its results."

Liggett Group ordered to pay the widower of Rose Cipollone $400,000 in compensatory damages for the death of his wife. The first financial award in a liability suit against a tobacco firm. Later overturned on a technicality. Cipollone drop case due to lack of funds.

Europe's first legal case against the tobacco industry is brought in Finland. The first proceeding is a case of product liability in which the plaintiff, Pentti Aho, claims damages for cancer, emphysema and chronic bronchitis.

In Northern Ireland, a product liability case is filed against four tobacco firms by John Dean, who claimed that his Beurger's disease was caused by tobacco use.

1990

Mississippi court rules that cigarettes killed Nathan Horton, but does not awards damages, finding that both Horton and American Tobacco shared culpability.

1991

In the US, Mildred Wiley, a non-smoker dies of lung cancer aged 56. Her husband brings a suit that in 1995 is the first to establish environmental tobacco smoke (ETS) as a workplace injury eligible for compensation.

1992

US Supreme Court rules that the 1965 warning label law does not shield tobacco companies from suits accusing them of deceiving the public about the health toll from smoking.

The claim for product liability in the Finnish case of Pentti Aho is overturned by the Helsinki City Court, and was subsequently taken to the Appeal Court.

In Australia, two separate ETS lawsuits are brought by individuals in Victoria: the first against a Melbourne shopping mall for failing to provide smoke-free facilities; the second against P&O Holidays and a travel agent for failing to guarantee smoke-free conditions on a holiday cruise.

In Finland the world's first criminal case is brought against five representatives of the tobacco industry by four victims of smoking-related diseases. The charges concern misleading marketing, endangerment and assault.

1993

Espoo city court in Finland throws out the criminal case against tobacco industry representatives. The case goes to Appeal, and a verdict expected in 1998.

1994

In New Orleans, LA Castano case begins; a 60-attorney coalition files what will become the US's largest class-action lawsuit. Plaintiffs charge tobacco companies hid the facts about nicotine being addictive.

Mississippi becomes the first state to sue tobacco companies to recoup health care costs associated with smoking.

The State of West Virginia sues tobacco companies to recoup smokers' Medicaid costs.

A British court awards 50 for the stress suffered by Terry Hurlstone from ETS when he visited his daughter in hospital. Previously, passive smoking claims in Britain were seen to be restricted to severe cases but the Hurlstone case signified a wider interpretation of ETS risk.

The State of Minnesota and Blue Cross/Blue Shield sue tobacco companies for violating anti-trust laws by failing to disclose the addictive nature of tobacco.

ABC television airs segments of Day One, a programme that includes reports of the tobacco industry's manipulation of nicotine.

In Finland, the Helsinki City Court takes up an indictment for perjury against a Helsinki university professor of anatomy, Ismo Virtanen, who acted as a witness for the tobacco industry in the case of Pentti Aho, which began in 1988, and supported the industry's claim that medical science has not proved that tobacco causes disease. Virtanen had been paid $56,000 by the industry for his testimony.

1995

US District Judge rules that the Castano class action may proceed.

The State of Florida sues tobacco companies for health care costs.

The five largest tobacco companies file a suit against the Food and Drugs Administration's ruling on intended limits on tobacco advertising. Philip Morris sue, and as a result ABC forced to apologise and hand over some $16 million in legal fees.

In France, the Comité National Contre le Tabagisme (CNCT) files lawsuits against SEITA, Philip Morris, RJ Reynolds and Rothmans for contravening the advertising ban. CNCT was awarded damages in several court decisions.

In Scotland, Margaret McTear takes Imperial Tobacco to court claiming damages for the death of her husband, who died from lung cancer.

$1.9 million is awarded to plaintiff in the Kent Micronite filter case, the second award ever in a liability case against a tobacco company. The suit concerned asbestos not tobacco.

State of Massachusetts sues tobacco industries for deceiving the public on the hazardous effects of smoking.

1996

Liggett Group makes dramatic break with the rest of the tobacco industry by offering to settle Medicaid and addiction-based lawsuits. The firm settles with five states over Medicaid suits, and agrees to pay $10 million in Medicaid bills for treatment of smokers.

In Italy, the anti-trust committee acquits Philip Morris and Rothmans of practising deceptive advertising campaigns.

B&W is ordered to pay lung cancer victim Grady Carter $750,000 in damages.- the second financial judgement ever in a strictly tobacco-oriented liability lawsuit.

In Italy, the country's first tobacco liability case is brought against the state tobacco monopoly--Monopili di Stato--by the heirs of Snr. Stalteri who died from a smoking-related disease. Also, a suit is brought against the Italian state by Elvina Sanfelici over her husband's death from tobacco use. Both cases hinge on the lack of health warnings on cigarette packs before 1991.

The Northern Irish case brought by John Dean reaches the High Court.

In Britain, lawyers Leigh, Day & Co sue the tobacco industry initially on behalf of 300 clients, but later---in light of legal aid problems--for several dozen lung cancer victims.

1997

Liggett Tobacco and 22 US states settle lawsuits. Liggett admits that smoking is addictive and can cause cancer.

A US Federal Judge rules that the FDA may regulate tobacco as a drug, but denies limitations on advertising. The FDA launches an appeal.

In the US, RJ Reynolds won a liability suit after jury fails to find the company guilty of negligence in the death of smoker Jean Connor.

The Italian case brought by the heirs of Snr. Stalteri is defeated.

In Sweden a product liability suit is brought against the tobacco company Swedish Match by lawyers acting on behalf of a cancer victim.

The Finnish perjury case against the Helsinki university professor of anatomy, who had testified for the tobacco industry, concluded after three years of deliberation. In a 2-2 vote the Helsinki court waived the sentence against the accused. Decisions in the other Finnish cases are pending. n

Sources: UICC, A Capsule History of Tobacco, Finland's ASH


Smoke Free Europe - A Forum for Networks - 14 AUG 1997
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