Tobacco Documents Online

I M30 y 14143 a RICffiMOND TIME.S-DISPATCH Richmond„ Virginia May 18, 1962 Smoke, Cancer , C recent Florida court case provided an interesting sidelight In the controversy over cigarets and lung cancer. A federali district court jury had found that cigarets caused a lung cancer that, in turn„was. the cause, or one of the causes, of the victim's death ih 1956i But the iury also found that the manufacturer of the cigaret could not have known that users of the product would (in the Jury's opinibn) be endangered, and therefore the- manufacturer was not liable for damages brought by the victim's est'ate- In upholding that finding, the Fifth Federali Circuit' Court on May 2 quoted approvingly the district Judge's charge to the jury that: Themanufacturer of products whieh are offered for salee to the public in their original package for human consumption or uselnpllcitly warrantss that Itaprod- and the Law aets are reasonably wholesnme or fit for the purpose for whlch they are sold, but sorh Implied warrantyy does notcover sub- staaeee In the manufactured produrt. the harmful effects of which . no developed humsn skill or foresight can affordknowl- edge. If the court had ruled against the manufacturer, far - reaching questions might h a v e been raised' as to the liability of manufacturers of other products over which there is similar dis- agreement as to possible harm- ful effects. For instance, one school of medical thought today holds that foods with high cholesterol content-such as eggs, milli and butter-can be aSactor in caus- ing certain types of heart and oirculatory ailments. If damages were collectable in such cases, the courts couldn't accommodate all the suits. WALL STRRET JOURNAL New York, New York May 7, 1962 THE WASffiNGTON POST yy3 Washington, D.C. .?iay 6, 1962 Q9 Ci~;arette Firin Cleared \£W nRLEANS,titay 3(AY) smoking was une of thc causes A Fcdcral Appeals Court has of a fatal cancer of Edwin upLeld a lowrr court ruling Greem Sr.. Hic tohurnn firm titat exeneraced! aa cigatette could not ha,eforn,rn:, that' manufa..tu--cr in the deattt of Lucky' Strike .mvkcrc would a Flbr:da man of lung cancer be cndan,v,t & h1- smoke in- tau,ed' by cigarette smoking. halatton- ]n. \e.r York, 1'aut Ha~ttn, Green~ cla.uncJ in the ~utt brou;7h€ in 1957, that he IiaA pr. <ident of the AYrcr:'can Tu- ~,o t,lrx,..ed lunl;, canccr finm ba~co~ C'a, said the firm wassn,olungs i.ua:ky Strikcs: %Vlrcn gratificd ar~ttie decr,ton handcd he diedsece.rall months later. d- nTtturrnAaY', the Fifth his r.n Ei,w,n Green -l.r.,.~,lv L. 1, . (~-ircuC l-"uuc':.ul',\;!praL. unaltntci: a., a t.:anl.ft witl.:f The Flortda ;ur5'.' l,ad do- Flunida :ai~. I!k wuioxt .'so oided th..'; a-tuie ciea:ette L:l.dsu:t. Court Uphold5 Verdict For American Tobacco In Lung Cancer Case. C An American Tobacco spokesman said the m me uiasenc.ng opinion written.byJudge company hass uther lungg cancer suits pending Ben C. Cameron, It wae_rgued that thia "tm- against.it: y;ted wartenty"' Eottnd American . Tobacco 'to In another case stlil i pending, in thee courts,., the conaeauences of stnoking. "I do not thihk. Otto E. Prittchardi.a Pittsburgh cnrpenterwho that ona whowarrants.whotesnmeneee oan ac- smoked Chestertiedd cigarets,, sued Liggett. & Appeals Panel Rules Firm R'as afyer9 Tobacco Co.,,the p:roducer, for $1.250.000 t Liable for ~onse ueC,ces fordamagesr foIlow;ng the removal'ot hiss right ` ~' tl lung because ob cancer. That caseo;-,ginallyfJfSn101iing;,Olle Judge Dissents was deoided'i:u favor of the colr:pany byy a tnat judge„but a L'.S; Court of Appeals re:versed the dectsron and ordered that k 1u.ry hear'.'.ccsse. A.R'.ez Srecer Jocns.c Neus Roswdup A company spokesman.indicated thejury trial A verdictt favonng. American Tobacco Co. w'ould be convened sometimethlsfall. In aJung cancer case w•asupheld In a 2-to-1 de- In upholding thederasion o(.the trial court in cision~by the US. Fifth CircuitCourt.of Ap- the American,Tobacco case,.the appeals court peals in New Orteans. aaid that, althoughit'accepted the findinga that The f1.3 milllon suit was.decided by a jury Green had'died of lung cancer' induced by. In favor of the cigaret company in Miamii cigaret smoking, it cintldn'ti concdude that Fla,,, on Aug. 2, 198U.. The suit' was originally American Tobacco.~as.responsible. In th'ema- brought, by Edwin M.. Green in 1957. . After he jorityy opinion written by Judge Richard: T. diedlin 195B„aconsolidated action was brought.Rivea, the court held "the defendant cputd not againstAmericanTobacco~by.theadmihistrator be held liable as an absolute insurer agaifistt of Mr. Greens9 estate and by his widow, conaequencess of which no develo i human . skill or foresight could afford knowledge." Paul M. Hahn, presitlentt of American Tobaco: maklerof:Lucky, Strike, Pall Mall and The court maihtainedi . thatii although the Tareyton cigarets, saidi "This decision affirms company had advertised Stecigareta as being the finding for the companymade by the first wholesome andfit.for emoking, this "Implied jury too consider and render ajudgment in, a warranty" didn't.cover substaneeewhoeeeffecV lung cancer caae involving,smoklttg." can't be known. cape !!abllitgbyehuwing that it exereisedd reesonable care in 1ta effort} to acldWa it- Such a-i opinion ia„inmyeplnion,a.refOtatlon of the whole. idea of warranty;" Judge Cameron said.. Theeompany:'e representatlon aa to whole- so-eues3, he adda0'95esthe sa,ne_'7gal effect . -. as if appellee had entered into a written contract .. ,. covering every packageoteiga- reta purchased by him,'"