The Tobacco Industry Liable For Its — страница 2

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children’s minds, and causes them to partake in something addictive. The ultimate marketing scheme, right? Wrong. Most everyone says Joe Camel made children want to smoke, but the reality is totally different. Advertisements effect choice of brand name, not the initial decision to smoke, studies show. Banning advertisements would actually increase the number of smokers, an international poll showed. So the tobacco companies aren’t liable then, right? Here’s where a mockery of due process comes in, as the tobacco companies’ many, overpriced lawyers like to say. A law called the Florida Medicaid Third-Party Liability Act(in Florida’s case, most other states copied Florida’s actions) totally blows the “assumption of risk” defense out of the water. It states that the

cigarette companies fraudulently misrepresented the risks involved with smoking, concealed from consumers the addictive nature of their products, and targeted young individuals. That being said, how could the consumer make an informed judgement about the nature of smoking? Hence the “assumption of risk” does not apply to something you know nothing about. Now the tobacco companies have nothing to pull themselves out of the water with. But even if they did, the entire mindset that created the Florida Medicaid Third-Party Act would not have it stand for long in court. The Florida Supreme Court allowed this outlandishly unconstitutional act to pass, and the Federal Supreme Court will not challenge it. It “meets the rationale of the times”. Sure, it may be good for society,

but isn’t the legality of it an issue? It seems not, to the hundreds of millions of tobacco sufferers across the globe. Not to mention it won’t tear apart the deep pockets of Big Tobacco, which is what the state governments are really after. Many fight the argument from a morals and ethics standpoint. They’re selling poison to our children, they say. This seems to be the strongest view, as many would not even bother with the laws and court proceedings or history of the topic. This seems to be the one the masses follow. So should the tobacco industry be held liable for illness and death caused by smoking? Morally, yes. Legally, that’s a tough one. But I’ll stick to the good ol’ politicians, who’ll pass any law or bill, no matter how outrageous, to fill their pockets

and remain in office for another term. I mean, come on, the state is the court and the plaintiff, and they just so happen to pass an act that pretty much forces them to win their case 20 minutes before they file their suit. How obvious to everyone the abuse of power shown. Let’s hope our government acts this erratically on something everyone can agree on though next time. Perhaps demonopolizing other industries. With Big Tobacco going down fast, the future seems to be looking up… I need a cigarette, how about you? 363