Cigarette Makers Are The Most Credible People On Earth

Cigarette Makers Are The Most Credible People On Earth

In a 15-page opinion, U.S. District Judge John A. Woodcock refused to chuck out the suit, one of many in which plaintiff lawyers seek to collect the difference between what consumers paid for "light" cigarettes and what they would have paid in some alternative universe where they knew the cigarettes were unsafe. The Second Circuitwisely overturnedJudge Jack Weinstein's certification of a similar class action in 2008, saying it's impossible to determine all the different reasons people choose to smoke a particular cigarette. Particular cigarettes can be Winston cigarettes, Dunhill cigarettes or Parliament cigarette.

Woodcock isn't buying that theory, or at least not at this stage of the litigation. With acceptance bordering on naivete, he accepts the arguments of plaintiff lawyers that the six representative smokers began huffing on lights because of deceptive advertising by Philip Morris, producer of Marlboro cigarettes , a unit ofAltria Group. Because of that original sin, lawyers argue, they're entitled to money even thought they kept smoking lights after they learned "the truth."

What "truth" is that? Clearly not the warning emblazoned on every pack of cigarettes, from the U.S. Surgeon General, that using them as intended will kill you. No, these smokers were in thrall to the cigarette advertisements that said light cigarettes were potentially less deadly than other cancer sticks. One plaintiff still smoking lights as of the deposition testified advertisements made her believe "it's a healthier, lighter cigarette."

Nowhere does the judge ask the reasonable question: How did the cigarette ad men pull this off? Are they mind-control wizards? Why did they stop at cigarettes? Imagine the capitalist forces that could be unleashed if these masters of deception were put to work convincing consumers to buy adult diapers, attention-improving diet drinks, or the premise Obamacare will save us all money. An economic revival might be around the corner.

But sadly, these marketing geniuses seem to have worked only for the cigarette industry, and only with the single-minded task of convincing consumers to buy one type of deadly cigarette instead of another.

Philip Morris argued the suit should be chucked out because the smokers admitted in depositions they were still smoking lights. That tends to undercut their argument they wouldn't have bought them had they known "the truth" that's the truth they learned from lawyers and"The Insider,"apparently, not the Surgeon General because even after they learned "the truth," they kept buying them.

The plaintiffs have a simple explanation for that, which the judge accepted: They're addicted. This is a tough one to refute at the summary-judgment stage, and an easy out for the judge. Instead of rejecting their claims, as a judge did in a very similar case where Lipitor consumers wanted to be paid even though they kept taking the cholesterol-lowering drug after learning "the truth," Woodcock decided a jury needs to make this call.

Phillip Morris lawyers toldLaw.comthey were heartened by some of the language in the opinion that suggests tough going for the lawyers if they try to make the six plaintiffs representatives for a nationwide class. If so, the lawyers will be facing the enormous expense of going to trial against a tobacco company on behalf of only six people, a severe test of their solemn obligation to represent their clients through thick and thin. But the game in all these cases is first to survive summary judgment. After that the odds of a settlement and lucrative fees for the lawyers who found these stupendously credulous smokers go up dramatically.

POST COMMENT

The Effectiveness of Smoking Cessation Pills Hypnotism and Smoking Cessation – 1 Simple Step to Changing Your Life! You Can Quit Smoking Cold Turkey Quit Smoking Supplements How to Quit Smoking Easiest Way To Quit Smoking Death of a Smoker Interesting Oklahoma Residents Want To Implement A Tobacco Ordinance Tougher Than The State Law The Greatest Reasons For Everyone To Stop Smoking Cigarettes I got a smoking deal on an Arai XD3 at The Helmet Center The Matters You Should Keep In Mind When You Quit Smoking Quit Smoking Help: Understanding Nicotine Before You Quit Smoking Basic And Helpful Pointers That Will Help You Stop Using Tobacco