Jury Orders Tobacco Firms to Pay for Cessation Programs July 30, 2003
News Summary
A Louisiana jury in a class-action lawsuit has ordered the tobacco industry to fund smoking-cessation programs, but declined to make the industry pay for routine medical exams of smokers.The Associated Press reported July 29 that both sides declared partial victory in the case, which sought to hold the tobacco industry accountable for intentionally addicting smokers.
"The jury essentially found that the tobacco companies addicted these smokers through their reprehensible conduct and now must pay to un-addict them," said Edward Sweda, an attorney for the Tobacco Products Liability Council.
The tobacco companies, however, pointed out that the jury said that medical monitoring was not endorsed by major medical associations. William S. Ohlemeyer stated: "This case should have never gone to trial. The vast majority of class-action cases involving cigarettes have ended far short of trial because most courts have recognized that smoking decisions and smoking behavior are almost uniquely personal and cannot be fairly considered in a class-action trial."
The jury will soon reconvene to work out the details of the smoking-cessation program. The tobacco industry, meanwhile, is weighing an appeal. Lorillard Tobacco's lawyer, Ronald Milstein, said, "Research has shown time and time again that will power is the only smoking-cessation aid that always works."
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