"Low tar" brand misled smoker

Jury orders Philip Morris to pay family AUD$282m in punitive damages 

March 25, 2002

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The family of a woman who died of lung cancer after smoking low-tar cigarettes has won a AUD$282m punitive damages verdict against tobacco giant Philip Morris.

The jury in Oregon, USA found cigarettes marketed as low-tar are just as dangerous as regular cigarettes – and that the company had falsely represented its brand as healthier.

The court heard that nicotine-addicted smokers tend to puff harder at so-called “light” or “mild” brands, and smoke them further down to the filter – resulting in the absorption of at least as much tar as from standard cigarettes.

The damages award was made to the estate of Michelle Schwarz of Salem, USA, who died of lung cancer in 1999 at the age of 53 after smoking low-tar “Merit” cigarettes.

Philip Morris says it will appeal - arguing that it did not claim the low-tar brand was healthier, only “milder.”

Says Anne Jones, CEO of ASH Australia: “’Light’ cigarettes are a consumer fraud to keep people smoking – rather than quitting, smokers are conned instead into smoking ‘light’ or ‘mild’ cigarettes, believing them to be healthier.

“It’s a matter of urgency that governments and the Australian Competition and Consumer Commission take action to end all forms of misleading and deceptive conduct by tobacco manufacturers  operating in Australia – including Philip Morris.”

More on the case at  www.tobacco.neu.edu

A US government study released last year showed that lung cancer death rates had risen in the US since the introduction of low-tar brands in the 1960s.

The National Cancer Institute study found that many of these brands were deceptive in their intent, and were designed to show low tar readings on tests using machines which took regular, even puffs – whereas addicted smokers were known by the companies to puff harder and more deeply seeking the same level of nicotine.

See the study at  http://cancercontrol.cancer.gov/tcrb/nci_monographs/MONO13/M13.PDF

Comment:   Anne Jones,   ph.  (02) 9334-1876  or  (m)  0417-227-879

Media inquiries:  Stafford Sanders   ph. (02) 9334-1823

Page last updated on 25/3/2002