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Citing marketing documents from the tobacco companies, the suit claims
they used unflattering generalizations about African-Americans and
suggested recruiting black smokers through – among other venues – black
churches, night- clubs, and traffic court, where they said 75 percent of
the pedestrian traffic on weekdays is black. “In addition to placing into
the stream of commerce products that defendants knew or should have known
were dangerous and defective, they did so with complete and utter
disregard for health and human safety, and in a systematic and deliberate
manner meant to addict and ultimately kill as many smokers as possible,
especially African-Americans, whose lives were cut short by defendants’
reckless and outrageous conduct, including without limitation, the lives
of Dorothy Oliver and Annie Mae Swain,’’ the lawsuit states.
The suit, filed in Miami-Dade Circuit Court, is an outgrowth of the Engle
class-action lawsuit from the 1990s alleging that cigarette makers were
“cynical and exploitive’’ in marketing that preyed upon black communities.
“In doing so, defendants knowingly besieged the most vulnerable and
beleaguered segments of society, including the least educated, poor,
inner-city African-Americans, many on public support, including food
stamps,’’ Harris wrote in the lawsuit.
Attorneys for R.J. Reynolds Tobacco Company, Lorillard Tobacco Company and
Liggett, Brooke Group, Ltd., Inc., could not be immediately reached for
comment.
Philip Morris USA issued the following statement: “Philip Morris USA
believes it is premature to comment on any specific lawsuits filed that
are linked to the Engle case because the company currently is seeking
further review of the Engle decision by the U.S. Supreme Court. However,
if any individual cases do proceed, the company intends to vigorously
defend them.’’
In his lawsuit, Harris cites government and tobacco company documents
showing a higher incidence of billboards advertising tobacco products in
black neighborhoods. He also said tobacco companies targeted the black
community by paying above-market rates for advertising in black-focused
publications such as Ebony, Jet and Essence.
Wednesday’s lawsuit was filed in the wake of a Florida Supreme Court
ruling last year that decertified the class of Florida smokers who won a
$145 billion punitive damages verdict against the major cigarette makers
in 2000, Harris said.
Florida smokers have until Jan. 11, 2008, to seek damages under that
verdict, he said.
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