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Cipollone v. Liggett Group, Inc.
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Cipollone v. Liggett Group, Inc. : ウィキペディア英語版
Cipollone v. Liggett Group, Inc.

''Cipollone v. Liggett Group, Inc.'', , was a United States Supreme Court case. In a split opinion, the Court held that the Surgeon General's warning did not preclude suit by smokers against tobacco companies on several claims. The warning at issue said:
The court's holding and some of Justice Stevens's reasoning enjoyed majority support, but the opinion eventually gained full majority support 16 years later in ''Altria Group v. Good''.
== Background ==
Rose Cipollone began smoking at the age of sixteen. She continually smoked a pack and a half a day of Chesterfield cigarettes until she first attempted to quit when she became pregnant, as requested by her husband Tyrone Cipollone. Though she cut down on her regular smoking, she still secretly smoked during her pregnancy. In 1955, Mrs. Cipollone switched to Liggett and Myer brand of cigarettes on the basis that their “pure white Miracle Tip” filter appeared to be a healthier alternative to her habit.〔Brandt, Allan M. ''"The Cigarette Century: the Rise, Fall, and Deadly Persistence of the Product That Defined America."'' New York: Basic, 2009, ISBN 978-0-465-07048-0〕 In 1968, she switched once again, this time to Philip MorrisVirginia Slims brand because the women advertised smoking seemed “cool, glamorous, and grown-up”.〔〔 A few years later, in 1972, Ms. Cipollone switched to smoking Parliament brand cigarettes for reasons she attributed to health; Parliaments were advertised to have a recessed filter and lower tar content. Finally, Cipollone switched to Lorillard’s True cigarettes under the recommendation of her physician to either quit smoking or switch to this brand of cigarette with its advertised plastic filter inserts. Rose Cipollone was under the misguided impression that “tobacco companies wouldn’t do anything to kill you,” and therefore, continued to smoke cigarettes.〔
In the mid-1960s, Rose Cipollone began to develop a smokers’ cough, as well as problems such as chest pain and hypertension. In 1981, doctors found a carcinogenic spot on her right lung and performed a partial lung resection. Mrs. Cipollone still continued to smoke, “though often now in secret".〔 In 1982, the cancer had spread to her lower and middle right lung, and Cipollone had surgery to remove the entire lung as well as a large adrenal mass in 1983. Rose Cipollone died on October 24, 1984, after her lung cancer had spread and become inoperable.
Rose Cipollone became the litigant in the case after she was recommended by her chest surgeon to attorney Marc Edell. Edell had previously represented the asbestos companies in their defense in regard to the health-related claims brought against them. Due to his involvement in asbestos litigation, Edell became familiar with “pulmonary pathology and risks of smoking” and became interested in litigation against the tobacco industry.〔 In need of a client, Edell took on Cipollone’s case and filed suit in U.S. District Court for the District of New Jersey against Liggett and Myers, Philip Morris, and Lorillard in five separate tort cases on August 1, 1983.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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