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Products Liability Keyed Owen, 8th Ed.
Henley v. Philip Morris, Inc.
Citation:
9 Cal. Rptr. 3d 29 (2004)Facts
Patricia Henley began smoking Marlboro cigarettes in 1961 or 1962 at age 15, considering it “cool” and “grown up.” At that time, there were no warnings on cigarette packages, and she believed cigarettes were “not a harmful product.” Evidence showed that by 1953, cigarette manufacturers had agreed to counter mounting scientific evidence about health risks of smoking. Despite knowing tobacco contained carcinogenic substances, they launched a public relations campaign denying links between smoking and serious illness. Philip Morris engaged in saturation advertising targeting teenagers, using symbols of independence and maturity. By the time federally mandated warnings appeared on packages in 1966, Henley was addicted and minimized the perceived dangers. She smoked 1.5-2 packs of Marlboro Red daily until age 43, when she called Philip Morris and was advised she could switch to Marlboro Lights if concerned about tar and nicotine. After switching, she increased her consumption to 3.5 packs daily. In February 1998, she was diagnosed with small-cell carcinoma of the lung, which the jury found was directly caused by cigarette smoking.
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