Tobacco Documents Online

By DENh'IS' BEREND „,':,Tr>'al began in Federal Court today of a $1 SDO,ilo0 damage `stut in which a Miarai widow claimed that Lucky Strike cig- trets gave her husband hmg 'eancer which caused his death: ~~y. ,k ~ ". rs:?he suit a as brought by Mrs Jam Green. 2'P12 SW 17th Ave.. Khose hu; band. Edwin WI•. pres- rident of a contracting firm. died of lung cancer on Feb. 25, 1958. ``Green started the suit a month before his death. Mrs. 4-reen continued i+ ~ The entate of Edwin ' It names the American To- bacco Co.. makers of Lucky Strike cigarets, as defendants. charging that the company fail- ed to warn or safeguard Green . ~3.: r ., ..' -AL i<~ - in tar are known to produce that carcinogens are in the tar. r , cancer in animals• the question that Green was unaware of the whether the substances have the faet, and that the substances ' same effect on the human lung could have and should have r+ has long been~ a point of con- been removedi against "harmful' substances troversy. ; ;~; Green smoked betw 11. w ~ .< A FACTOF.een two : contained in the cigarets: 171 ; and three packages of cigarets ,:.,. ~ F~ ^~*` x~ Nicotine is aot a known car- a day - almost exclusively - In earlier legal action in the cinogen (cancer-prndueer,. Ar- 'Lucky Strike - for about 30 case, the cigaret manufacturer senic may be a factor in help- years. Dr. Hastings said. admitted& that small quantities ing a carcinog_n to produce ean• FIT, SAFE! of tar, nicotine and arsenic are .. Mrs. Green charged the com- cer, chemists have said- contained in cigaret smoke pany with nealigence, breach Dr. Lawrence V. Hastings at of implied warranty, and mis- Al.though substances contained torney for Mrs. Green, charges 'leading advertising. She alleged through the at- torney that the company im- plied in ita ade Lucky Strike cigarets are fit and safe for human consumption. Dr. Hastings said: "Untill manufacturei ~s~ face the fact that carcinogenic sub- stances are present in their r,igarets, they won't begin tn take measures to remove them. "Our case, it is hoped, will force their recognition by point- ing out the mountain of scien- tific evidence against' them," Df. THE NE6q YORK TIMES New York, New YorIc JTUix 19, 19.60 grounds they stated conclu- sions reached in studies in which Dr. Wynder's colleagues did so much of the work he could not have known person, ally of all of it. Miami News I`iicani, Florida July 18, 1960 Jury Set in Cancer Suit MIAMI, Fla., July 18 (UPI)- A Federal court jury was : chosen today to hear a damage suit brought against the Ameri- can Tobacco Company by Mrs. Edwin M. Green, whose husbaitd died of Lung Cancer in 1958. The suit contends the company failed to warn Mr. Green against alieged "harmful sub- atances° in t#re cigarettes. . _ . • , Told S~nol~ers* R~.sk Cancer . By ARTHUR .IOHNSEY `' Green, a contractor who died ~ j The doctor explained w h y ',.~ ~. .. . Herald Slaff wrller 1! ]n 1958, .lIs suing the American ~ much of the~ evidence in The opinion of a lung cancer,', Tobacco Co., contending t h e ~i studies of lung cancer has specialist that a heavy smok- :' compan~ failed to warn of „ been based on statistics. er's risk of lung cancer la 20 " cancer-causing tar in the eig i i ~ Lung cancer rose v e r y times greater than a non-smok- I , arets. er went into the record of a sharply in men and has increas, federal court trial Tuesday. Dr. Wyndbr testified that ed in women. so you looked for A jury was allowed to hear1',there are different types o[, a cause more pre~alent in men this conclusion of Dr. Ernest iilung cancer, some un-related to L• Wynder, head of Sloan Ket- smoking, but that in his opin- than in women." tering Institute Research Cen-' ion smoking was a major cause; Asked about his failure to ter, as one of a series of wit- ~iof one type of the disease. f find cancer on hands yellowed nesses for the plaintiff in, a suit Large portions of the doclor's' by cigaret smoking, Dr. Wyn- resulting from the death of a,prepared statements , were de-Ider said skin tissue has been Miamian from lung cancer. I leted on objections of attorneyl found to have cells more re- David Dyer for the American Tobacco Co~ Federal Judge Emett Choate ruled them inadmissible on ; ceivehis statement that 90 peC . cent of the smoke that is inhai ed stays in the lun>; and is ab- sorbed whereas skin on the fin- gers absorbs little. Statements of another can- sistant to the absorption of chemicals in tobacco tars. The jury was allowed to re- cer expcrt; Dr. Arthur Purd•v, Stout, a New York pathoiogist. were given to the jury,but did not Include his opinion5 about his findings from years of re- search. Doctor-at torney Lawrence V. Hastings' efforts to bolster the plaintiff's evidence with Stout's opinions failed when the judge ruled Stout's work - viewing slides prepared by others-de- pended for its validity upon the work of others about which he could not testify or be cross- examined, Judge Choate there- fore withheld most of Stout's statement from the jury. , ; s.~ THE MIAMI HERALTD Miami, Florida Page 13-A July 20 1960 ,