Cigarette Maker Loses Supreme Court Appeal

AP ^ | 1/26/04

[Jean S]

WASHINGTON (AP) - R.J. Reynolds Tobacco Co. lost a Supreme Court appeal Monday that challenged a judgment awarded to the widow of a teacher who died of cancer.

The Supreme Court did not comment in turning down Reynolds' request to hear the case.

The nation's second-largest cigarette maker already paid the $195,000 judgment while the appeal was pending. Lawyers said it was the first time the company paid damages in an individual product liability lawsuit.

Floyd J. Kenyon Sr., of Sarasota, Fla., died of cancer in 2002, 60 years after he first started smoking as a teenager. He was diagnosed with lung cancer in 2000. Before his death, he and his family sued, claiming that RJR made a defective and dangerous product.

The tobacco company had asked the Supreme Court to consider blocking a Florida law that allows lawsuits against cigarette makers over their products, because of federal regulations for the making and sale of cigarettes. RJR attorney Robert Klonoff told justices in a filing that there are thousands of pending cases in Florida.

"Given their potential liability for every cigarette sale in the state, cigarette manufacturers would face severe pressure to discontinue cigarette sales in Florida, raising the very threat to the national economy that Congress sought to avoid," he told justices.

In afternoon trading on the New York Stock Exchange, RJR shares were up 64 cents at $60.23.

R.J. Reynolds makes Winston, Camel, Salem and Doral cigarette brands. Kenyon had smoked Camel and Salem cigarettes.

The case is R.J. Reynolds Tobacco Co. v. Kenyon, 03-687.

The Supreme Court also Monday:

-Asked for the Bush administration's views on the practice of drug makers paying generic companies that keep cheaper products off the market during patent disputes, in the appeal of an antitrust ruling against Aventis Pharmaceuticals and generic drug company Andrx Pharmaceuticals.

---

On the Net:

Supreme Court: http://www.supremecourtus.gov/

R.J. Reynolds Tobacco Holdings Inc.: www.RJRHoldings.com

AP-ES-01-26-04 1540EST

[Ditter]

It is beyond ridiculous that he should even sue, much less get a settlement. Its not like he didn't know cigs were bad for you. In the 40's I can remember my parents & their friends refering to their cigs as coffin nails. If he had quit when they started putting warnings on cig packages & still developed cancer I might have had some sympathy for him.

[NCPAC]

Thanks, but I've been rolling my own for over a decade - and no, I will not sue the tobacco or rolling papers manufacturer(s) should I contract cancer from smoking. In fact, I just lit up...

[groanup]

I've been smoking Eclipse for three years. Can't live without 'em. I never smell like cigarettes, I can rent smoke free hotel rooms and I can smoke in my house without bothering anybody. There is something addictive in the damn things. RJR isn't stupid. I'm probably smoking heroin.

[NCPAC]

If you're smoking heroin at cigarette prices, you are getting one helluva deal!

I may have to check them out - especially since you say they are odor free.

[leadpenny]

ping

[this_ol_patriot]

Hope he didnt raise his kids and grandkids to be this irresponsible.

The Liability Lottery, a few actually believe that there is fault elsewhere, most see a cash cow and go milk it. It's not the victim mentality, it's a shrewd deliberate business decision.

[leadpenny]

Reuters
R.J. Reynolds' Loss Widens on Charges
Tuesday January 27, 8:48 am ET


CHICAGO (Reuters) - R.J. Reynolds Tobacco Holdings Inc. (NYSE:RJR - News), the maker of Camel and other cigarettes, on Tuesday posted a wider fourth-quarter loss than a year ago on charges from a program aimed at cutting costs as it loses sales to lower-priced competitors.
Winston-Salem, North Carolina-based R.J. Reynolds posted a loss of $136 million, or $1.62 a share. The loss included $608 million of restructuring and noncash impairment charges. In the fourth quarter of 2002, R.J. Reynolds posted a net loss of $59 million, or 69 cents per share, which also included special items.

Sales fell 12.2 percent to $1.23 billion in the quarter and total domestic shipment volume fell 9 percent to 19.5 billion cigarettes as sales of the company's lower-priced brands fell. The total industry's shipments for the quarter rose 0.2 percent to 90.6 billion cigarettes, R.J. Reynolds said.

R.J. Reynolds agreed to buy rival British American Tobacco Plc's (London:BATS.L - News; AMEX:BTI - News) U.S. operations in October, bringing together the No. 2 and No. 3 U.S. cigarette makers.

The company said Tuesday that it expects to receive approvals for the deal by the middle of this year.

The company said it expected 2004 operating income of $705 million to $755 million, including $20 million in charges. The company posted an operating loss of $3.84 billion in 2003, including charges.

It also forecast net income of $385 million to $415 million. The company said it was too early to include the potential impact of the Brown & Williamson deal in its forecast.

[Mears]

ping

[CSM]

If I were RJR I would just stop selling cigs in floriduh and I would then be exempt from the MSA. Take that money and use it for lawsuit lottery players.

[metesky]

The family just got the old man's money back. Maybe Dufarge can pull this scam when I kick the bucket.

[Mears]

I'm not familiar with Eclipse but was quite interested in what you had to say.

I did go to their website but hearing about them from someone like you means more to me.

I can't believe that they don't smell up the room so I'm going to try them soon.Very intersting and thanks for your post.

[CSM]

What does Eclipse taste like? What brands would you compare them too?

[groanup]

Eclipse is unusual. You must learn how to smoke them. They light like a cigar and go out after a couple of minutes if you don't take a puff. They give you a real "hit" like a strong cigarette but you have to be careful not to get too big of a hit. They stay very hot from the filter on out. The tobacco is heated, not burned so no ashes, no ligering odor, no cigarette breath.

There is something addictive in them. They used to be sold only over the internet and when I ran out and had to smoke regular cigarettes I was NOT a happy camper. I can't stand regular cigarettes now.

You can read all about them on their site. (see my link above).

It took me about three weeks to completely switch over and when I did I felt like I was going through a little nocotine withdrawal which didn't bother me at all. Just a little lightheadedness etc.

Smoking lamp is lit.

[CSM]

It sounds like you could smoke them in a non smoking area and no one would be bothered. Have you ever tried that?

[1Old Pro]

What was HIS AGE?

Great point. Even using the term teenager conservatively, say 13, that means he lived to at least 73 or as old as 79.

Pretty good given his life expectancy at birth was probably around 60-65. Perhaps smoking made him live longer??

[1Old Pro]

so expect he was in mid-70s when he finally died, probably not too far off a usual life expectancy.

Not for a male born around 1925.

[1Old Pro]

http://www.ssb.no/english/yearbook/tab/t-020210-076.html

A male born in 1925 had a life expectancy of 60 years. If born in 1920...only 54 1/2 years.

 

76	Life expectancy

SexYear	Age
	0	1	5	10	20	30	40	50	60	70	80
Males
1866-1870	47.31	51.96	53.13	49.77	42.04	35.66	28.53	21.40	14.99	9.35	5.32
1871-1875	47.41	52.04	53.31	50.07	42.45	36.10	29.06	21.85	15.19	9.55	5.38
1876-1880	49.33	53.86	54.82	51.51	43.87	37.46	30.21	23.00	16.07	10.17	5.88
1881-1885	48.62	52.95	54.35	51.42	43.97	37.59	30.34	22.95	16.03	10.04	5.64
1886-1890	48.98	53.07	54.21	51.18	43.90	37.80	30.55	23.18	16.23	10.16	5.65
1891-1895	49.10	53.33	53.78	50.44	43.11	37.31	30.26	23.07	16.18	10.17	5.61
1896-1900	51.47	55.91	55.50	51.61	44.04	38.05	30.93	23.58	16.57	10.36	5.70
1901-1905	53.99	57.64	56.58	52.58	44.88	38.68	31.37	23.93	16.81	10.63	5.88
1906-1910	55.64	58.74	57.27	53.25	45.45	39.04	31.61	24.02	16.85	10.56	5.90
1911-1915	56.32	59.20	57.53	53.43	45.47	38.94	31.44	23.84	16.71	10.47	5.78
1916-1920	54.50	57.15	55.53	51.52	43.91	38.33	31.44	23.93	16.67	10.38	5.70
1921-1925	60.41	62.64	60.31	55.90	47.52	40.33	32.39	24.42	17.00	10.65	5.92
1926-1930	61.74	64.00	61.39	56.93	48.26	40.77	32.68	24.64	17.14	10.77	5.92
1931-1935	63.77	65.82	63.03	58.48	49.54	41.49	33.19	24.92	17.23	10.75	5.95
1936-1940	64.55	66.29	63.37	58.80	49.76	41.57	33.17	24.88	17.20	10.68	5.77
1941-1945	63.74	65.22	62.58	58.25	49.54	41.86	33.72	25.65	17.99	11.26	6.10
1946-1950	69.25	70.70	67.30	62.63	53.25	44.22	35.16	26.43	18.39	11.43	6.30
1951-1955	71.11	71.95	68.40	63.65	54.11	44.81	35.54	26.60	18.52	11.60	6.39
1956-1960	71.32	71.94	68.29	63.50	53.93	44.57	35.19	26.21	18.12	11.38	6.28
1961-1965	71.03	71.42	67.74	62.94	53.34	43.93	34.58	25.62	17.60	11.04	6.12
1966-1970	71.09	71.22	67.51	62.69	53.08	43.61	34.22	25.32	17.33	10.87	6.14
1971-1975	71.41	71.38	67.63	62.80	53.21	43.76	34.36	25.41	17.44	10.88	6.18
1976-1980	72.19	71.92	68.11	63.23	53.59	44.12	34.67	25.69	17.70	11.11	6.39
1981-1985	72.69	72.34	68.50	63.60	53.95	44.48	34.98	25.96	17.90	11.25	6.46
1986-1990	73.09	72.72	68.88	63.96	54.29	44.81	35.36	26.28	18.11	11.39	6.48
1991-1995	74.38	73.82	69.93	64.98	55.26	45.72	36.25	27.09	18.68	11.67	6.50
1996-2000	75.54	74.87	70.97	66.03	56.27	46.79	37.31	28.10	19.53	12.18	6.70
2000	75.96	75.28	71.37	66.42	56.68	47.28	37.86	28.65	20.06	12.54	6.80
2001	76.21	75.53	71.62	66.66	56.90	47.50	38.05	28.81	20.13	12.58	6.83

[MileHi]

Conversely, why can't the FedGov be sued as well since they profit nearly as much as RJR through taxes. If they regulate rather than prohibit the product, are they as negligent as RJR, after all they require the warnings?

[1Old Pro]

This guy lived to be right at the average - so how was his life shortened?

Yep, he lived a normal life expectancy. Inother words, cigateetes did not make him die prematurely.

[groanup]

Smoked them in the rest room at a hockey game in a non-smoking facility. Nobody knew. Be careful though. Some nanny sees you and she'll do a back flip. It LOOKS like you're smoking a cigarette.

I walked into a convenience store with one in my hand. The clerk informed me there was no smoking in here. I said I'm not smoking. He said yes you are I can see the fire. I held up the thing and poised it in front of his face for a moment. No smoke. He followed me out the door trying to find out where he could get them.

The smoke bothers no one except idiots who want to control your habits. My daughter abhors cigarette smoke. She ignores the Eclipse smoke. There IS smoke but it is almost all water and glycerine.