Millions of Smokers Can Sue for Over $100 Billion, Judge Rules

First Federal Class Action Suit By Smokers Certified

"No More David vs. Goliath," Says Major Antismoking Organization

In a stunning defeat for the tobacco industry, a federal judge has ruled for the first time that U.S. smokers can sue together in a class action to recover an estimated $100 billion in damages, a sum larger than the combined market capitalization of the major tobacco companies.

Although lawyers for the seven major tobacco manufacturers and the Tobacco Institute had argued that such a class action suit would be unmanageable, Federal District Judge Okla B. Jones 2d has certified as a class action a suit filed in March in Federal District Court in New Orleans by Dianne Castano, the widow of a smoker who died of cancer, and three other plaintiffs. The novel suit charges that the defendants concealed knowledge that nicotine is addictive, and that they manipulated the levels of nicotine in cigarettes to keep customers addicted. As proof, the plaintiffs hope to present testimony and documents made public last spring during Congressional hearings.

Two prior suits against the tobacco industry have been certified as class actions, but this is the first in federal court with its vast jurisdiction over virtually all possible plaintiffs. In October, a Dade County, Fla. judge permitted a suit by smokers who are both addicted to nicotine and suffering from tobacco related ailments. Another Dade County judge has ruled that nonsmoking airline flight attendants could sue as a class for their smoking related problems. This permitted the first class action suit to address the health consequences of cigarette smoke on nonsmokers as compared with smokers.

"It's no longer David vs. Goliath," says law professor John Banzhaf, Executive Director of Action on Smoking and Health (ASH). ASH is a national legal-action organization which provides legal advice to attorneys bringing actions like the Castano case.

FOR IMMEDIATE RELEASE: Friday, February 17, 1995

FOR MORE INFORMATION, CALL: John Banzhaf (202) 659-4310

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