Social Responsability of tobacco Industry
...The following case will give us a clear illustration at how members of the Tobacco Industry failed to fulfill their ethical and social responsibilities and why it is costing them now. Superior Court of California County of San Francisco Department Number 505 Patricia Henley, Plaintiff v. Philip Morris Incorporated, Defendant Case No. 995172 This is an individual personal jury action on behalf of a 52-year old woman dying of lung cancer. Marlboro (mfg. By Philip Morris) was her primary brand although all major cigarette companies are defendants under fraud and conspiracy allegations. The Jury found that Philip Morris engaged in widespread wrongdoing, violating the rights of Patricia Henley as to each of the nine causes of actions asserted by her. The Jury found violations in the following respects: 1- Defective product in violation of the expectations of the ordinary consumer. 2- Defective product by failing to warn before July 1, 1969 3- Negligence 4- Breach of express warranty 5- Fraud by intentional misrepresentation 6- Fraud by concealment before July 1, 1969 7- Fraud by negligent misrepresentation 8- Conspiracy to defraud 9- Fraud by false promise All these charges represent a violation to the ethical and social responsibility of the industry on grounds that: (1) In disregard of representation and promised made to the American public and in conscious disregard to public health and safety, Philip Morris over the course of decades avoided, concealed, suppressed, and failed to disclose information known to it concerning the addictive and harmful properties of its product, and that it has done so in combination with other manufacturers. (I.e., failing to print warnings about the danger of smoking on its products before July 1, 1969.) (2) That Philip Morris has willfully and consciously marketed its cigarettes to teenagers. In fact, such efforts are important, if not necessary to commercial success in this business. (It is illegal to sell cigarettes to people under age 18.) (3) That Phillip Morris has affirmatively misled the American Public by advertising that there was genuine and legitimate controversy in the scientific community on the subject of smoker health. (Denying the relationship between smoking and lung cancer and heart disease.) The Jury found Philip Morris liable and awarded the Plaintiff 51.5 million in February. The trial judge reduced the punitive damages to 25 million, bringing the total awarded to 26.5 million. ...