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BREFIN NM D2TS SUPREI@ff CO RULNG
The following statement was issued by Brown & Williamson subsequent to the
Supreme Court decision:-
"Brown & Williamson considers yesterday's Suprerne Court decision a significant
victory.
The Court held that smokers cannot sue cigarette companies claiming that after 1969
they were not adequately warned of the risks of smoking.
Also, smokers cannot sue cigarette companies based on the clarm that intentional
misrrpresentaiion in advertising "neutralized " the effect of the Federal warnings.
T'his specific mling goes well beyond most industry andysts'predictions that no
intentional misrepresentation clairn would be pre-empted.
VAWe the Court ftiled to hold that claims based on breach of express warranties or
certain Intentional misrepresentation claims are pre-empted, this will have little
practical effect on the litiptior.
The Suprerne Court decision also eliminates the adverse rulings in New Jersey and
Tom state courts on pre-emption.
We don't expect this ruling to cause a significant increase in the pending caseload.
Plaintiffs realize how difficult it is to 1itipft *me cases. Despite an enomtous
investment by plaintiffs'lawyers of time and resources, in almost 40 years of
litigation, no plaintiff has recovered any money in one of these cases."
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INDUSTRIES P.L.C. - MINNESOTA D1EpOSrTORV Copy - PRODUCED pupsuAwT To VII.D. OF
B.A.T ET AL., CAsE No. Cl-94-MS
CoMsENT juDauemT DATED 5/8198 IN STATE IF -SOTA,