Mississippi Judge Backs Unprecedented Cigarette Suit by State

As Tobacco Industry Battles Filing of Similar Suit in Florida

A judge has held that a suit by the State of Mississippi against the tobacco industry and its public relations firm can proceed. The ruling today also determined that the suit would be heard by a chancery court rather than a circuit court jury. This, says law professor John Banzhaf, Executive Director of Action on Smoking and Health (ASH), is important for at least two reasons. First, juries have been very sympathetic to tobacco companies in such suits, and a judge sitting alone may not be. Second, it means that the traditional defenses the tobacco companies have relied upon contributory negligence and assumption of risk will not be available to them.

This is only fair, says Banzhaf, "because the taxpayers and the State of Mississippi never did anything wrong or careless, and never had an opportunity to assume or decline any risk." The Mississippi decision comes on the same day the industry tried to block the filing of a similar law suit by the State of Florida. Because they used many of the same arguments in Florida, today's decision could set an important precedent which the Florida courts may follow in dealing with the unprecedented problems of cigarette-caused deaths, disabilities, and others injuries.

On Friday, a federal judge in New Orleans approved the bringing of a giant class action law suit by an estimated 50 million smokers against the six major cigarette companies seeking an estimated $100 billion in damages. Action on Smoking and Health (ASH) is a national legal-action antismoking organization which encourages and supports law suits against the tobacco industry.

FOR IMMEDIATE RELEASE: Monday, February 20, 1995

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

Return to Top

Return to PR List