Philip Morris, R.J. Reynolds Cleared in N.J. Smoker Case

Philip Morris Cos. and R.J. Reynolds Tobacco Holdings Inc. were found not guilty Wednesday in a wrongful death case brought by the husband of a deceased former smoker, extending the industry’s winning streak in cases brought by individuals.

A six-member jury at Middlesex County Superior Court in New Brunswick, N.J., unanimously ruled in favor of the top two U.S. tobacco companies in a case brought by Dr. Myron Mehlman on behalf of his deceased wife, Constance Mehlman.

Constance Mehlman was diagnosed with lung cancer and died in 1997 at age 62. She had started smoking at age 17 and quit in 1974.

Mehlman, a PhD biochemist toxicologist, had been seeking unspecified compensatory and punitive damages. His wife had smoked Philip Morris’ Marlboro and RJR’s Camel brands.

The plaintiff’s attorneys argued that the companies knew of the link between smoking and cancer since before 1950 but failed to warn consumers of such risks.

“Ignorance, confusion, lies and controversy thus became integral elements of the products which the defendants sold,” the plaintiff’s complaint read.

By the time the surgeon general’s landmark report that linked smoking with cancer was issued in 1964, Mehlman had been smoking for 13 years.

Plaintiff’s attorney Charles Patrick said in opening arguments that the 1964 report showed that heavy cigarette smoking was a cause of cancer in men, but did not mention effects on women. Mehlman continued to smoke after the report was issued.

The plaintiff’s attorney did not immediately return calls seeking comment following the verdict.

“The jury understood that Ms. Mehlman was aware of the risks of smoking, made an informed decision to smoke, and was legally responsible for that decision,” said William Ohlemeyer, Philip Morris associate general counsel.

The verdict continues a string of victories for the tobacco industry. Including Wednesday’s victory, 11 of the last 12 individual tobacco cases tried have resulted in verdicts for the defense, according to Philip Morris.

Shares of New York-based Philip Morris, the world’s largest cigarette maker, rose $1.43 to close at $52.35, while Winston-Salem, N.C.-based RJR rose $1.30 to close at $60.30, both on the New York Stock Exchange.