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Big Tobacco Lawsuit in Montreal

Monday, March 12th, 2012

discount kent cigarettesA groundbreaking trial gets underway in Montreal Monday against three leading tobacco companies which face a $25 billion lawsuit for allegedly failing to adequately warn smokers of the dangers of cigarettes. Plaintiffs have filed two separate class actions in what is Canada’s biggest-ever civilian lawsuit, against Imperial Tobacco, JTI-Macdonald and Rothmans Benson & Hedges in the Superior Court of Quebec.

The first class includes 90,000 current and former smokers in Quebec who say they have fallen ill with a range of smoking-related ailments including emphysema and cancer of the throat and larynx, and are seeking $105,000 Canadian per person.

The second suit was filed by 1.8 million current smokers who say they are unable to quit the tobacco habit, and are seeking $10,000 per person.

According to court documents, the plaintiffs accuse the Canadian tobacco companies of hiding research which has established a link between smoking and serious health problems like cancer.

The suit also alleges that tobacco firms in Canada have tried to manipulate the levels of nicotine in their cigarettes, increasing the levels of dangerous tar and have also added certain products such as ammonia.

Mario Bujold, director general of the Quebec Council on Tobacco and Health said told AFP that one of the witnesses will be Robert Proctor, author of “Golden Holocaust,” a book about alleged nefarious practices by the US tobacco industry.

Quebec is only one of several Canadian provinces seeking monetary damages from the tobacco manufacturers.

Several provinces, led by British Columbia, are also suing Canada’s tobacco companies in hopes of recovering billions of dollars spent by their health insurers to treat the victims of tobacco use.

Appetite Chemicals in Cigarettes

Thursday, April 28th, 2011

best cheap style cigarettes British and American tobacco companies deliberately added powerful appetite-suppressing chemicals to cigarettes to attract people worried about their weight, according to internal industry documents dating from 1949 to 1999. Chemical additives are just one of several strategies successfully used by tobacco companies over the past 50 years to convince people that smoking Style makes you thin.

Tobacco giants Philip Morris and British American Tobacco added appetite suppressants to cigarettes, according to the documents, released during litigation in the US. Four other major companies tested potential chemicals, including amphetamine and nitrous oxide , better known as laughing gas, but the documents, which are incomplete, do not reveal if such chemicals were ever added and sold to the public.

The Australian Greens Seek Change to Prevent the Tobacco Smokers Increase

Monday, March 14th, 2011

marlboro cigarette onlineThe Australian Greens, who helped Prime Minister Julia Gillard win power, want the government’s Future Fund investment program changed to prevent the holding of tobacco company shares. “It makes no sense for a Federal Government fund to be investing in a way which is so clearly at odds with current health policy,” Greens Senator Rachel Siewert said in an e- mailed statement. “This revelation should provide us with an opportunity to re-visit the Fund and see what we can do to improve this investment strategy.”

The Future Fund, established five years ago to cover the pension costs of retiring lawmakers, judges and public servants, had A$147.7 million ($148 million) invested in 14 tobacco companies as of Dec. 31, according to portfolio holdings obtained by Bloomberg News through a Freedom of Information Act request.

The investments are held as Australia introduces some of the toughest anti-smoking laws in the world, including becoming the first nation to ban brand names on tobacco packs. In addition to raising the excise on tobacco by 25 percent last year, the government banned the public display of Marlboro cigarettes in stores.

Australia, where sales of tobacco products totaled A$10.9 billion in 2009, records about 15,000 deaths a year from related diseases, according to government statistics. Smoking is the largest preventable cause of death, according to the Australian Medical Association.

Health Care

Nicola Roxon, health minister in Gillard’s Labor government, last month said smoking cost Australia’s A$1.3 trillion economy about A$31.5 billion each year in health care and lost time due to illness.

“My personal view is no one should invest in tobacco companies,” Roxon told the Herald Sun newspaper. “No one should invest in products that are such dreadful killers.”

Gillard’s minority government needs the support of four non-party lawmakers to pass laws after the August 2010 election delivered the closest result in 70 years. Greens lawmaker Adam Bandt along with independents Tony Windsor, Rob Oakeshott and Andrew Wilkie pledged their support to enable Labor to govern.

From July 1 when the new Senate term starts, the Greens will have the balance of power in the nation’s upper house, with enough of its own Senators to side with Labor to pass laws or team with the opposition to defeat them.

New Laws

Australia bans the open display of cigarettes in shops, and cigarette packs carry graphic images of diseases blamed on smoking. Legislation mandating plain packaging, which would prevent the use of company logos, brand imagery or promotional text, will be introduced this year.

The government’s 25 percent increase in tobacco excise last year raised the cost of a packet of 30 cigarettes by about A$2.20 to about A$17.70. Single cigarette packet prices are now as high as A$20 depending on where they are bought. Small stores and service stations are more expensive, according to figures from the National Retail Association.

The Future Fund manages assets received from the federal government on behalf of civil servants and lawmakers, in the form of cash as well as shares in the formerly state-owned Telstra Corp., the nation’s biggest phone company.

It was established as a statutory authority under the Future Fund Act of 2006 by the previous administration of Prime Minister John Howard. It has its own board, while oversight is provided by the Treasurer and Minister for Finance and Deregulation, according to its website.

Target Returns

The board has been set target returns on its investments by the government and can invest in a wide range of industries “provided those activities are legal in Australia,” the Future Fund said in a March 11 e-mailed statement.

The Future Fund’s holdings as of Dec. 31 include A$46.4 million in London-based British American Tobacco Plc (BATS), A$36.5 million in New York-based Philip Morris International Inc. (PM) and A$26.1 million in Lorillard Inc. (LO)

The fund’s tobacco investments were held across 14 companies in nine countries, also including South Korea’s KT&G Corp., Japan Tobacco Inc., Gudang Garam TBK PT of Indonesia and Swedish Match AB, according to the Future Fund document provided to Bloomberg.

Investment in tobacco companies represents 0.5 percent of its holdings in equities.

The fund also invests in Imperial Tobacco Group Plc (IMT), of Bristol, U.K., which last year said it may take legal action against the government’s new proposals.

British American had 46 percent of the Australian retail market for cigarettes in 2006, according to a 2008 report by Cancer Council Victoria. Philip Morris had a 34 percent share and Imperial had 18 percent.

Accumulating Assets

The Future Fund states its purpose as “accumulating financial assets sufficient to offset the Commonwealth’s unfunded superannuation (pension) liabilities by 2020,” according to a statement of investment policies on its website.

The fund targets an average return of at least the rate of consumer price index plus between 4.5 percent to 5.5 percent per annum as its long-term benchmark with an “acceptable, but not excessive, level of risk.”

The Future Fund had A$71.8 billion in assets at Dec. 31, 2010, according to a portfolio update published on its website on Jan. 28 this year.

Schwarzenegger Vetoes Smoking Ban

Friday, January 21st, 2011

schwarzenegger smoke cigarGov. Arnold Schwarzenegger vetoed another bill that would have banned smoking in California’s state parks and beaches. One tobacco company, Commonwealth Brands, had publicly opposed the ban, arguing it would infringe on smokers’ rights.

“I’m sorry the governor did not agree with this widely supported effort to increase public awareness about the environmental threats carelessly tossed cigarettes are doing to our marine life and to the great outdoors,” Oropeza said in a statement.

Schwarzenegger told lawmakers the best way to discourage people from leaving cigarette butts at beaches and parks is to increase fines and penalties.

Chewing Tobacco Maker Agrees To $5M Settlement

Thursday, December 9th, 2010

tobacco productsThe maker of Skoal and Copenhagen smokeless tobacco has agreed to pay $5 million to the family of a man who died of mouth cancer in what is believed to be the first wrongful-death settlement won from a chewing tobacco company.

A legal expert said the case could open the door for more lawsuits against makers of chewing tobacco, an industry that drew fewer legal battles during the 1990s than cigarette manufacturers.

U.S. Smokeless Tobacco Co. will pay the award to the family of Bobby Hill of Canton, N.C., who began chewing tobacco at 13. He died in 2003 at 42.

Attorney Antonio Ponvert III, who represented Hill’s relatives, told The Associated Press about the agreement Tuesday. Regulatory documents confirmed the deal.

Steven Callahan, a spokesman for Altria, which acquired U.S. Smokeless Tobacco last year, said the company admitted no liability and does not make any health claims about its products.

Ponvert and Mark Gottlieb, director of the Tobacco Products Liability Project at Northeastern University in Boston, both said the Hill family settlement is the first case of its kind.

Gottlieb predicted more lawsuits targeting smokeless tobacco would follow, calling the settlement “a wake-up call” to plaintiffs’ attorneys “that there are a lot of victims of smokeless tobacco use out there, and it’s possible these cases can be successful.”

Smokeless tobacco companies managed to fend off most previous lawsuits. In the past, lawyers focused more on cigarette makers because of stronger evidence to back up their claims, even though smokeless tobacco is harmful as well, Gottlieb said.

“So this is an unusual instance and runs counter to what had been the sort of the playbook for tobacco litigation,” Gottlieb said. The settlement shows that “perhaps there is a new strategy afoot in terms of dealing with some of these types of cases.”

But, Gottlieb added, Altria may have simply concluded it was cheaper to settle than risk a larger award at trial.

Callahan said the case involved unique circumstances because it was a settlement offer made before Altria acquired the company.

“And we have no intention of settling cases like this in the future,” he said.

Ponvert said his case was bolstered by previously undisclosed letters from the 1980s that the company sent to minors thanking them for their business and offering free samples. The company even sent a can opener to one child to help open the chewing tobacco, he said.

“It was just this unbelievable trail of incredibly damning documents,” Ponvert said.

The family’s case also was stronger because Hill was a longtime user of chewing tobacco who did not drink or smoke cigarettes, factors tobacco companies point to as causing the cancer, Ponvert said.

Hill’s wife, Kelly, filed the lawsuit in 2005 after her husband died of cancer of the tongue, Ponvert said.

Through her attorney, she declined to comment.

Hill had multiple surgeries to remove his tongue. Mouth cancer victims typically lose parts of their mouth, either through surgery or because the tissue wastes away.

“It’s a really sad and a really gruesome way to die,” Ponvert said.

For many years, smokeless tobacco has carried warning labels. Rules that took effect in June require larger labels listing the risks of chewing tobacco, including cancer, gum disease and tooth loss, and stating that smokeless tobacco is not a safe alternative to cigarettes.

The Altria spokesman said the company supported legislation enacted last year that allowed the FDA to regulate tobacco and required the larger warning labels.

U.S. Smokeless Tobacco was headquartered in Greenwich before being acquired by Altria, which is also the parent of Phillip Morris USA, the nation’s largest cigarette maker.