Thursday, July 08, 1999
Smoking opponents applaud verdict
Others see scapegoat mentality in lawsuits
BY TIM BONFIELD
The Cincinnati Enquirer
Anti-smoking activists hailed Wednesday's jury verdict in Florida as an “extraordinary blow” against the tobacco industry.
But others saw the verdict as another example of how far Americans will go to avoid taking responsibility for unhealthy personal behavior.
People on both sides of the issue said the decision in Florida could have far-reaching implications, from spurring even more lawsuits against the industry to changing the debate in Columbus over how to spend money from a previous settlement between states and the tobacco industry.
“This is an extraordinary blow that will knock the Marlboro Man off his pedestal and into the swamp,” said Ahron Leichtman, executive director of Citizens for a Tobacco-Free Society. “But it will still be years before the tobacco industry will actually have to fork over any money.”
Cincinnati attorney Stanley Chesley, who was a lead negotiator in the state settlements, said the Florida case reflected changes in public opinion since various lawsuits and government hearings uncovered documents indicating that the tobacco industry tried to cover up what it knew about the harmful effects of tobacco smoke.
“In this jury I think you're seeing public opinion. I think (the tobacco industry's) liability is very clear,” Mr. Chesley said. “I also think you're seeing the court system doing what couldn't be done legislatively.”
Mr. Chesley's law firm is among 64 law firms that have been working together to sue the tobacco industry. Combined, the firms have 28 class-action cases pending nationwide.
Michelle Chippas, project director for Tobacco-Free Ohio, said the verdict was a victory for public health. “Hopefully, it will make the public take another look at how serious the problem of smoking is,” she said.
Despite years of warning labels and a spate of court cases, Ohio still has one of the nation's highest smoking rates. That's why state lawmakers should make sure money Ohio gets from its settlement with the industry is spent mostly on smoking cessation and prevention efforts, Ms. Chippas said.
Outside the public health arena, opinions were more mixed.
“In this day and age, if you don't know that these things can be harmful, you must be living under a rock,” said Jim Clark, owner of Straus Tobacconist downtown.
“So often in this country, we like to find scapegoats for the things we do,” Mr. Clark said. “I feel badly for the relatives of those people in Florida. But if they can sue the tobacco industry, does that mean if one of my relatives dies from blocked arteries that I can sue McDonald's?”
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