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LCA Hails US Court of Appeals Decision to Affirm Lower Court Ruling Tobacco Companies Guilty of Massive Fraud and Deception
Date:5/26/2009

l federal lawsuit launched in 1999, LCA filed a 67 page brief in 2005 seeking an additional $130 billion penalty to fund independent lung cancer research to advance screening and treatment options for victims addicted by tobacco. LCA also joined in separate briefs with other public health interest groups to secure additional remedies involving counter marketing campaigns and smoking cessation programs paid for by the tobacco companies. However, in her 2006 decision, US District Court Judge Gladys Kessler said that a previous Appeals Court decision did not allow her to assess retrospective penalties.

LCA joined in a subsequent amicus brief urging the appeals court to reconsider. That was denied in Friday's ruling.

Lung cancer is the leading cause of cancer death. About a third of new lung cases are current smokers. Another 50% are former smokers, many of whom quit decades ago, and 10 to 15% of patients have never smoked. Two thirds of the non-smokers with lung cancer are women. The decades long marketing practices of tobacco have had a direct impact on low levels of federal research funding for lung cancer. The intent of the amicus brief was to make up for this short-fall.

"Even though the Court ruling is disappointing on this front," continued Fenton Ambrose, we can take heart that the courts clearly recognize the highly addictive nature of nicotine, the deliberate collusion over the past fifty years by the tobacco companies to manipulate the amount of nicotine and their marketing strategies to addict more what they blandly referred to as 'replacement smokers' for those who died."

"If the courts recognize this, hopefully our public health policy makers will begin to understand that smoking is an addiction, that no one chooses to have lung cancer and that lung cancer, as the biggest single cancer killer, must be given priority in research funding," she said.

Lung Cancer Alliance (
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SOURCE Lung Cancer Alliance
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