You just have to love Big Tobacco.

Produce a product you know kills people; hide or deflect all the information that would alert the public of the totality of the dangers; engineer nicotine delivery in a way that maximizes addiction and write memos talking about the whole scheme as if you are immune from being held responsible. Then, when you get caught, you rewrite history and hide behind “freedom of choice”.

In an undated memo, Colin Greig, a research and development gentleman for Big Tobacco discusses marketing scenarios which, at least in part, involved his unscientific testing of the way in which his mother-in-law smoked and enjoyed cigarettes; together with her level of addiction. Clearly this must have been the classic “hate your in-law” scenario.

Colin Greig Document

Let me hit the high points of good ‘ol Colin’s memo:

• Cigarettes deliver their drug (think nicotine here) to the brain faster than “other drugs” such as “marijuana, amphetamines, and alcohol”.
• Nicotine “is about the lowest dose” drug available (that still succeeds with addiction).
• Cigarettes are a cheap drug.
• Cigarettes are “a relatively cheap and efficient delivery system…” (think drug delivery here).

Mr. Greig includes in his analysis a quote from Oscar Wilde’s “The Picture of Dorian Gray”:

“A cigarette is the perfect type of a perfect pleasure.

It is exquisite, and it leaves one unsatisfied. What more can one want?”

And, then, Colin concludes with a statement that could not better illustrate Big Tobacco’s methods of operation all along:

“Let us provide the exquisiteness, and hope that they, our consumers, continue to remain unsatisfied. All we would want then is a larger bag to carry the money to the bank.”

Translation: Let’s continue to keep smokers hopelessly addicted and our only problem will be what to do with all that money!

Previous litigation has disclosed other writings by Big Tobacco with which they must now be seen with in the Florida sunshine:

(more…)

“What is called resignation is confirmed desperation.” Henry Thoreau.

Things must be tough for Big Tobacco; 8000 plaintiffs, so much truth, so little defense. As I have previously written, I felt Florida would be a little too hot for those boardroom lawyers representing Big Tobacco and it appears I may have been correct.

You expect them to come after you in the courtroom or in deposition. You expect Big Tobacco’s lawyers to be aggressive, take no prisoner types of lawyers. You expect Big Tobacco to want to delay cases going to trial; after all, in some cases, they face dying plaintiffs. What, at least, I did not expect is that Big Tobacco would try and hijack the Florida litigation to California.

In a couple of cases here in Florida, Big Tobacco has actually changed their focus of attack from the plaintiffs to a lone professor from Stanford University. Yes, that is correct, Big Tobacco is bringing its entire, massive power down upon the head of a historian, Dr. Robert Proctor, who apparently had the temerity to testify for injured smokers and against Big Tobacco.

Big Tobacco’s lawyers have filed motions trying to force Dr. Proctor to disclose his notes, his unfinished notes and any other papers remotely connected to a book he has been researching – a book not yet even published.

Let’s think about this. Dr. Proctor is an historian. So, that would mean that Dr. Proctor testifies about things that have occurred in the past; discussions that have occurred in the past; publications published in the past; and Big Tobacco’s advertising, again, in the past.

Could it be that Big Tobacco has difficulty with Dr. Proctor’s testimony? Can they not read the history just as Dr. Proctor does and can they not hold his feet to the fire based on the history? Could it be that Big Tobacco does not like the title of Dr. Proctor’s proposed book: “Golden Holocaust – A History of global Tobacco”?

Yep, it can get hot down here.

In a unanimous decision, the Massachusetts Supreme Court ruled on Monday that cigarette manufacturer, Philip Morris, may have to pay for screening/diagnostic scans for smokers.  The ruling paves the way for the possibility that Philip Morris could be required to pay for low-dose computed tomography (LDCT) scans, which can detect lung cancer much earlier than standard x-rays.  In a case brought in federal court by two long-time Massachusetts smokers, the lawsuit is seeking class certification of all Massachusetts smokers, 50 or older, who have smoked a pack or more of Marlboro cigarettes for at least 20 years.

(more…)

More than 8,000 smokers and their loved ones have been waiting for nearly two decades for their opportunity for justice. These smokers were part of the Engle class action that was decertified several years ago.  The Florida Supreme Court upheld a number of findings made by the Engle jury after they heard evidence for nearly a year; which will now apply in individual trials being held across the state for smokers and their surviving family members.  Most of the upcoming trials involve the surviving spouses and children of smokers who died long ago due to lung cancer or chronic obstructive pulmonary disease (COPD).

Below is a summary of upcoming tobacco trials:

In addition to the above trial settings, additional trials should be scheduled during the same time period in Broward, Hillsborough, Lee, Escambia, Duval, Volusia, Alachua, and Levy Counties.  Several judges have indicated a willingness to consider conducting multi-plaintiff or consolidated trials, over the strenuous objection of the tobacco defense lawyers, in hopes of giving every former member of the Engle class action the right to a jury trial during their lifetime.

The first tobacco trial of what is termed the “Engle” plaintiffs has resulted in a total verdict for Mrs. Hess and her son in th eamount of $8 million.

Big Tobacco’s lawyers, once again, attempted to shift all the blame away from themselves and against Mr. Hess. The jury apparently saw it otherwise.

The jury deliberated approximately 2 1/2 hours. Mrs. Hess reportedly wept, undoubtedly happy to have had this grueling fight reach a close.

Unfortunately, if Big Tobacco takes its normal approach, they will search for every grain upon which to base an appeal. It is unlikely that Big Tobacco will ever own up to its mid-twentieth century manipulation of smokers.