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Products Liability Keyed Owen, 8th Ed.
Hearn v. R.J. Reynolds Tobacco Co.
Citation:
279 F. Supp. 2d 1096 (2003)Facts
Winona Hearn began smoking in 1950 at age sixteen, allegedly induced by extensive advertising campaigns sponsored by the Defendants. Plaintiffs claimed that Winona was unaware of all the health risks associated with smoking when she began, and by the time she became aware of them after the Federal Labeling Act in 1969, she was too addicted to quit. She was diagnosed with lung cancer in April 2000 and died in November of that year. Plaintiffs alleged that the Defendants manipulated the addictive properties of cigarettes through additives like ammonia and engineered higher nicotine tobaccos. They brought twelve causes of action, including negligence, strict liability, false representation, breach of warranty, wrongful death, fraudulent concealment, and civil conspiracy.
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