How To Quit Smoking Without Will Power or Struggle - Mark Whalen

Mark Whalen
How to Quit Smoking Without Willpower or Struggle
Published by
Copyright 2000 Mark Whalen All rights reserved

This eBook may be reproduced on paper for the use of the purchaser/end-user. It may be distributed freely without the expressed written permission of PresMark Publishing Co, provided it is distributed in full, and unedited in any way.
PresMark and the colophon are trademarks of
PresMark Publishing Co.

Printed in the United States of America
ISBN 0-9679047-1-5 The libelous reference to the heads of tobacco companies is absolutely intentional and stated so as to invite civil suit. In the words of Duke Nukem, Come get some! Photos of lungs were retrieved from a government online medical library and are in the public domain.
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Dedicated to: My wife, Sharon. Thanks for quitting smoking. My sister, Claudia. You show me unconditional love (and quit smoking.). My daughter, Michelle Youve become a real woman. I hope you can use this! My grandson, Preston. My partner in business, my friend in life. I hope you never need this! And to the memory of my father and mother, Bernard C. Yunck, 1922-1979 Sorry you quit too late! Rest in Peace, ol man. Dorothy E. Baranska, 1924-1967 And please let him, mom.
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The number one cause of premature death in the United States is, by far far, , smoking!
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Introduction
Welcome to the Ebook LE version of How to Quit Smoking Without Willpower or Struggle. As you may have guessed, the LE stands for Limited Edition. During the past four years, we have, from our site http://www.PresMark.com, sold thousands of our softback version of the book in over three dozen countries, and have received a warm reception to our recently released eBook version of the same book. However, we feel that there are still large numbers of smokers seeking help to end their agony that would benefit greatly from reading the book, but would not spend any money to purchase it. I think they see the title and think, Thats just too incredible to be true. Everyone knows quitting smoking is one of the hardest things a person can do. It must be some sort of scam. We publish the Prologue and Chapter One on our site, along with a synoptic outline of the book, including all chapter names and type of information contained therein. But that doesnt seem to be enough. We need to offer those skeptics more proof. More than the testimonials of those who have successfully used the program, which appear on our home page. More than proof that people all over the world can see the wisdom of this book and have purchased it. More than the triple your money back guarantee, if they are not successful. But how much more can we offer? We thoughtwhat would it take to get smokers to see that this is the easiest, most painless, most lasting method, least expensive of smoking cessation programs on the market? So now what you have is our new Limited Edition. The limitation is this. It contains about two-thirds of the information contained in the full version. It has six of the twelve chapters, plus the prologue, epilogue, and the reference section, including the lung pictures and the Marlboro Man lawsuit text. Yes, there is enough information here to help you become smoke-free. I expect many of you will manage to do very well after reading these first six chapters. My own daughter, for whom this book was originally written as a letter, told me she did not use the entire program, but only some of it. Still, she did quit her twenty-year habit by using what she did of it. We believe many smokers can achieve the same result by doing no more. However, we do not guarantee it as we do the full version. If you want it all, of course you may order the full eBook version by simply returning to our sites secure order pages. Once you read these first six chapters, we believe you will see the value in spending only $17.50 to get the rest, and the guarantee. v
Table of Contents NOTE: The bulleted items are all hot links to the pages to which they refer. Just point to them and click. Prologue Chapter 1 How Much? Chapter 2 Why? Chapter 3 Wouldnt You Rather Switch Than Fight? Chapter 4 The Mantra Chapter 5 The Pose Chapter 6 Face The Enemy Epilogue Pictures of smokers lung Helpful Links Marlboro Mans Widow Sues Philip Morris viii 1 5 10 13 16 19 21 23 28 29
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I will not bore you with all the reasons that smoking cigarettes, or using tobacco in any form, is a self-destructive, suicidal behavior. The simple fact that you are reading this means that you already know this and are either hooked and now know you must to release yourself from the deadly grip, or you have a loved one who needs this information. Either way, you must know by now that roughly eight times as many Americans die from tobacco related disease each and every year as did in all America's eleven years involvement in Viet Nam combined; twenty times the number of deaths caused by drunken drivers each year; and about twenty-five times the number of American deaths by AIDS. (343,000 total deaths by AIDS as of 7/1/96 vs. approx. 8,000,000 deaths by tobacco during the same time period. The deaths by tobacco do not count deaths by tobacco related fires, nor heart, blood, and lung disease deaths exacerbated by tobacco use, but not attributed to it on the death certificates.) But knowing this has not caused more than a minor movement away from use of the deadly plant by the general public at large. In fact, many thousands of American children are, as this is being written, smoking their first cigarette, the first of perhaps hundreds of thousands to come over their shortened lifetimes. This book does not dwell upon the evils of smoking, nor how to stop the general promotion and legal sale of the most lethal drug (far more deadly than heroin or cocaine) in the world. What it focuses upon is the way out, the way to disassociate oneself from the need for, and attraction to, tobacco. In fact, the method for behavior modification found here is not exclusive to tobacco, but can be used for the cessation of virtually any habit or addiction in any form. The problem is not in the substance, but in the "habit" of using it. For without the habit, the addiction, tobacco has no power of its own. It is as harmless and insignificant as any simple garden variety weed. It is the internal subconscious perception we hold about the drug that makes it so dangerous. What is illustrated herein is a method by which one may change that perception permanently, without "fighting the urge" or going "cold turkey". Smoking is a habit. Habits are created by repetitious behavior, and are built, assembled if you will, over a period of time. If we were computers, and I strongly believe that we are indeed the most sophisticated computers conceivable, then our habits would be called our "programs". Removing a viii
program from a computer is a simple mechanical process. Removing a habit from a human being is not nearly as simple, but is still a mechanical process. Each requires a course of steps which, taken one at a time in sequence, with care and commitment, will achieve the desired result. But when I say commitment, I do not mean commitment to resistance to the habit, nor any fanatical ordeal wherein you are required to perform any dynamic or difficult behaviors. Actually, the process is not nearly as arduous as installing the habit (learning to smoke). When one learns to smoke, one must overcome the bodys natural resistance to breathing a toxic substance, with only the ardent desire to overcome the bodys own safeguards to keep the process going. However, reversing the habit, although perhaps a bit more complex, moves one toward the body and its needs, not away from it. Therefore ending the habit will feel more natural and is actually easier, and far less painful, than starting it. So the first place to start is with the simple, direct question: Do you truly want to quit smoking? The next question must be: Are you ready to begin to do it now? If the answers to both these questions is yes, then read on, and just do what the book tells you to do. It will work. I know because I used this method to release myself from sixteen years of addiction to tobacco, and no longer have any desire for cigarettes. I tried willpower three times before designing this system. Each time lasted from only days to about a week. Each time I discovered that I could not break the habit simply by denying it. By just telling myself no, when my body and mind were craving, was ridiculous. Even when I succeeded in not doing the behavior, it was still occupying a good deal of my conscious thoughts. I found myself shorttempered, biting my nails, and was quasi-hungry all the time. But once I realized that I must work with my body and brain, not against them, I knew I was moving in the right direction. If you desire to end your enslavement to a product you no longer wish to purchase, use, or allow to diminish the quality of your life, then use this little book as the key to your doorway out. The method does work. It will work for anyone who sincerely wants to use it. All that is needed is your attention. Although I have stated that you can quit without willpower, you must, of course, be prepared to do the simple behaviors of the process, which do not include resisting smoking. In fact, you are encouraged to smoke each and every time you want to. This system is not designed to get you to stop smoking, but to stop wanting to. Once you no longer have any desire to smoke, you will never feel the need to learn the habit again. Being around others who are smoking will not cause you to crave a cigarette. ix
Also, you wont be able to just pick up a cigarette and return to the old habit. There will be no residual habit left in you. You will be as if you never were a smoker unless, of course, you have already done permanent damage. But even then, permanent scars tend to shrink and fade over time. Eventually your full breathing capacity and your natural ability to fully taste food will return. You will not have an unnatural craving for food, nor any other substitute. You will find that you sleep better, and awake much easier, needing far less time in bed to achieve the rest you need. Your teeth will be cleaner, and your breath and body will smell much better, needing less deodorant. Once you have stopped ingesting small, steady doses of the sixteen(!) toxic (literally poisonous, deadly,) chemicals found in the smoke of cigarettes up to several hundred times a day, (each puff being a dose), you will find the general quality of your life greatly improved! And for me, the sense of pride and accomplishment was tremendous. My self-respect grew immeasurably once I was certain I had defeated the evil weed once and for all time. I did it, and you can too. Just take the simple steps found here, and your result will be the same as mine. I dont smoke, and I have no desire to. I simply feel sorry for those who dont want to use tobacco, but still feel compelled to anyway.
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How Much?
The first step toward dismantling your habit, for thats exactly what were going to do, is to get a good look at it. Always, when someone asks me for help to stop smoking, the first thing I do is ask them how much they smoke. The answer almost invariably is, Oh, a pack to a pack and a half a day. This is a typical encapsulated description of a habit. A pack is a unit of one. (A habit is a series of integrated, interdependent behaviors, performed in sequence, thought of as a unit of one, such as driving or golfing. Both these habitual behaviors require dozens of individual behaviors.) So this person is telling me that they smoke about one to one and a half units a day, knowing that I will understand that they are talking about twenty to thirty cigarettes a day. But what they dont consciously get is that I am understanding that they are smoking about ten hits per cigarette, and so therefore to my mind, they are telling me that they are smoking two to three hundred times a day. Each and every time you place a cigarette between your lips and draw smoke into your lungs, that is an individual act of smoking. This first step in the process is a simple one, and will tell you immediately if you are lying to yourself about whether or not you are truly ready to stop smoking now. If you are willing to just look at your habit, then you are likely ready to first alter, then discard it. But you must know precisely what it is you are directing your subconscious to do. The details are important. Step One is to count your cigarettes. The way this first step is performed is this. Get a short pencil, no longer than one of your cigarettes. Also get a business card with a clean back. Any piece of paper will do, but it should be at least as stiff as a regular business card, and slightly smaller than the size of the pack. Then, when you first open your next pack and remove that first cigarette, place a mark on the back of the card, next to a letter representing the day of the week. Then slide the card between the plastic and the pack, and put the pencil into the spot where the cigarette was. Then, each time you have another cigarette, take the card out, pencil a mark on it, and just put it back. At the end of a full seven day week, you will know exactly what your habit has been, and is likely to be in the future, if you dont do something about it now! However, simply putting this much attention on the habit can tend to make it shrink all by itself. Historically, Ive noticed that many of those pack a day smokers start their week smoking fifteen to twenty-five a day. But by 1
the end of the week, that seems in many cases to drop off to six to ten. They report that theyre still smoking all they want, but they started dropping off the few extras that theyd rather pass on than count. Amazing. I dont say this will definitely happen to you, and if it doesnt, that has no bearing upon how long the process will be. First, it will take as long as it takes, period! There is no timetable upon this work. A time-table puts pressure on you, and this is not a pressure-type process. Second, it will not be difficult. The only seriously hard part of quitting smoking is resisting the urge to have a cigarette. You will never be required to do this. You will be able to smoke each and every time you are certain you want to. In fact, you are encouraged to smoke each cigarette you want. It is counter-productive to the method to resist the habit. This shall be a gentle, organic process of letting go. Not a violent overthrow. So begin Week One by counting your habit, and finding out just how many cigarettes you are smoking. It is said that the wise man knows well his enemy. This is an enemy we are going to kill with kindness. But that first step is to know him. Dont bother to read on now, until you can answer this question precisely: Exactly how many cigarettes did you smoke in the last seven days? And do not just remember when you bought the last carton and subtract what you have left. That would be an estimate. You need an exact figure. Also, the counting does more for your brain than just giving you the number. This first step must not be short-cutted! You must, for this process to work well, count each one separately as they are smoked and record them. Then move on to Chapter Two.
NOTE: If it is too much of a struggle to get yourself to count how many cigarettes you smoke for seven days in a row, please dont bother to read on. IF YOU CANT EVEN TAKE A CLOSE LOOK AT YOUR HABIT, YOURE NOT TRULY READY TO QUIT IT YET. But please pass this book on to someone else who may need it and be better able to use it. Be sure to get it back when you really are ready!
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Why?
Now that you know just how much you smoke, you need to know why you smoke. Im certain you have vague memories of starting, probably in your teens, and who your friends and role models were back then. But the entire details of why you smoke are far more complex than just a casual decision, made by a post- (or even pre-) pubescent, that just happened to stick. There are two categories that I believe contain all the reasons one would begin to smoke. One category is General Reasons, and the items there apply to generally all smokers. The second is Personal Reasons. These details are particular to your habit, and although the overall reasons will be found in the General category, just how they apply to you we shall call Personal. When you think about it seriously and objectively, you must come to the conclusion that no one in their right mind would ever pick up a leaf of tobacco, wrap it in paper, put a match to the end, and draw the smoke into their lungs as many as two, three, four hundred times a day without some other pressures, reasons, outcomes being sought. The resultant feeling of that act cannot stand alone as the sole reason for smoking. If there was indeed any real pleasure from smoking, you would have felt it the very first time. You would have gotten a sense of well-being and satisfaction once that first cigarette was finished. But what do you remember feeling? You felt like coughing, probably did a lot, right away. You felt a pain in your throat, especially right at the back. And after you inhaled the first few puffs, you began to feel nauseous and dizzy, didnt you? DIDNT YOU? Sure you did. It was not a pleasant experience, strictly physically speaking. But there was something there for you, or you wouldnt have tried it. The cigarette was a means to an end. Smoking was a painful thing you had to go through to get to where you wanted to go, or at least thought you wanted to. In the General Reasons category, we find that television was, before the ads were banned from the media, one of the greatest influences on us baby boomers. We saw all of our heroes posing with them, smoking them, even advertising them in commercials. John Wayne foolishly hawked Camels to two decades of his fellow Americans, only to pay the ultimate price that the Camel charges to ride him. I know it is today somewhat of a humiliating experience to admit that a lot of why I smoked for sixteen years was because the television told me to. But it is unfortunately true. Is it true for you too? 5
Second, and often even more powerful, was peer pressure. You had friends who were smoking, and the cigarettes seem to make them seem older, more in control of their lives. More like your parents. Cigarettes seemed to be a right of passage in the fifties and sixties. I still frequently see that famous poster pose of James Dean, holding that cigarette. You and your friends likely wanted to be that type, or his girlfriend. You smoked because that was the price of adulthood, or as near to it as you could get at the time. Bottom line, just about everybody was doing it. One other horrible general reason for starting smoking, but still valid, is that smoking is fun. Fun with fire. Fun watching the smoke rise. Hearing the crackle of burning tobacco as you draw in the smoke. Choosing your brand. Identifying with someone else with whom you share that choice of brand. Are you a Marlboro Man? Have you come a long way, baby? Ever use the Thinking Mans Filter? For someone in their formative years, buying and using a product powerful enough, if mismanaged, to burn down the house, the neighborhood, an entire forest; powerful enough to kill a person if they used it too much, is fun. Your own Personal Reasons you will have to determine for yourself. I can, however, give you a guide and some questions to ask yourself, which will help you to remember, or learn for the first time, why you personally decided to begin to smoke, and why you still do. In my case, the deciding factor was a boy named Dennis. Actually, Dennis mother, and the way she handled Dennis smoking. Dennis was nearly two years older than me (than all of us ninth graders in our little circle of about five). But Denny had lost a year of school during a bout with polio. So at fifteen, he was the oldest, strongest, and most aggressive of us, and therefore the leader of our pack. Dennis smoked. He smoked in front of his mother. His mother even bought him his cigarettes. Once I heard her say that if she didnt buy them for him, hed just steal hers, or worse, someone elses. And of course she was right. She had no control over Dennis. He was, in that relationship, in full control. Dennys mother was an attractive, intelligent woman. To me she always seemed kind and sweet. Her only major apparent flaw was that she let her fifteen year old son completely control his own life and much of hers as well. Because of this he was the hero of us neighborhood boys. He got away with everything. He did what he wanted, whenever he wanted. He went wherever he wanted whenever he wanted. I believe that the only reason he kept going to school and kept some social consciousness was so that hed still have us, his friends, to run with, to bully, and to admire him. And admire him we did. When Denny started 6
smoking, we all started smoking. When Denny started smoking in front of his mother, we all started smoking in front of his mother. (There are many other vices that he led all of us into back then, but the smoking is all I care to speak of here.) But smoking in front of our own parents was something quite different. I desperately envied Dennys control over his mother, and I suspected that when he started smoking in front of her, they both knew that hed crossed a threshold. I believe it signaled to both of them that he was no longer her little Denny, but a young man. I wanted so badly to cross that threshold with my own mother, and smoking seemed the best way available. But in order to do that, I first had to learn how to smoke, so that when I pulled out that first cigarette in front of her and began, there would be no hesitation, no turning back She would see that I was not only going to smoke, but had already mastered it. So one evening when I knew no one would be home for some time, I got out a cigarette, a Marlboro, and lit it. About half way through it, as I began to get nauseous and dizzy, I began to have second thoughts. Then I asked myself the critical question. Did I really want to be a smoker? Did I really want to do this? I hesitated...but the answer came. Yes, I did. In that instant, with that simple, direct, positive answer to my own question, I became a smoker. In almost every case where Ive helped others end their smoking habit, theyve had a similar story, a similar cigarette, and almost invariably, the exact same question and answer. In that instant I, they, you, became a smoker, whether or not you were smoking. Whether or not you had your last cigarette a few minutes before, or several years before. As long as that program is running inside you, you are, and will continue to be, a smoker. Why? Because you decided to be. That decision must to be remade with the same commitment and passion that you originally made it. That question must be asked again, but with a different answer. In fact, it must be asked with even more commitment and passion, because you have reinforced that mistaken decision for how many years? How many packs? How many cigarettes? How many drags? Hundreds of thousands? Each and every one bolstered that seriously poor decision made so long ago! Another Personal Reason might be that you were not breast fed. By an informal survey I took over a period of over two decades, Ive discovered that most smokers were not breast fed, and most nonsmokers were. This was not a hard and fast statistic, but was apparently valid more than 80% of the time. Do you know if you were breast fed? If you dont, can you ask your mother, or someone else who might know? It is important only in that when it comes 7
time to ask yourself critical questions before you light up your cigarette, you will need to know whether asking yourself if it is really a cigarette or a nipple you are craving should be one of those questions. Diet control is one of the more effective, albeit self-destructive, personal reasons to smoke. There is no doubt that smoking a cigarette will quell an appetite to some degree. This is not, of course, the reason that when you resist smoking, you begin to crave something with which you will have to deal, if you use this process properly. Never, I repeat, NEVER resist the temptation to smoke by putting food into your mouth instead. Not if you want this system to work. Whenever you want a cigarette, get one and smoke it. This method will lead you to a state of mind wherein you will simply lose the desire to smoke, and the craving for it will come less and less frequently, until it eventually goes away. You can smoke all you want. But ultimately you will become like me; you just wont want to. Ever! So whatever your personal reason to begin was, whomever was your greatest influence upon you to start, before you light up your next butt, ask yourself these questions. 1. 2. 3. 4. 5. 6. 7. At what exact point in time did I decide to become a smoker? Who did I want to be like, and why? Do I still want to be a smoker? Do I still want to be like my influential person? Am I using cigarettes to stop myself from eating? Am I just looking for something to do with my hands? Am I just looking for security and pacification (mothers nipple)?
Then, go ahead and light up. Realize what you are doing, how much you are doing it, and why you started doing it. As simple as this seems, knowing this information will take you a giant step toward your last cigarette. And after that cigarette, you will never want to smoke another one again. Hard to believe, isnt it? Hard to remember a time when you didnt want to smoke, didnt even think about it. You can get back there, and you will, if you just do what this little book says to do. And, again, smoke all you want, all you really want, while youre getting there.
Most regular smokers in the United States, about 8 out of 10, begin to smoke when they are younger than 18in other words, when they are children.
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Wouldnt You Rather Switch Than Fight?
When I said that you can quit smoking without struggle or willpower, of course I did not mean that it will happen without any energy or effort on your part. Your willingness to exert effort was tested in Chapter One, when you counted your habit for a week. If you didnt count, but are just reading on anyway, go ahead and read. But dont expect that anything as simple as just reading a little book like this without using the information as instructed will have any formidable effect upon an ingrained habit that you are perpetually reinforcing as often as several hundred times a day. Aint gonna happen. No, it will take some effort on your part. Not the kind of effort to quit cold turkey, or anything like it. But moderate effort and time will be required for this to work. Your next step, now that you know how much you have been smoking, is to ask yourself what brand of cigarettes you dislike smoking most. Camels unfiltered? Newport menthols? Virginia Slims? Whatever they may be, make them the next pack you buy. What? you ask. Buy cigarettes I hate? Yes. And while were talking about it, dont you hate them all? Buying a pack you know you hate doesnt take any willpower. Certainly not of the type it takes, with a habit like yours, not to smoke at all. It simply takes the decision to quit and the commitment to use this method to do it. Since youve already demonstrated to yourself, (or you wouldnt need this information) that you cannot or will not quit all at once, then you must quit little by little. And that first little is quitting your favorite brand. Certainly thats going to take a lot of that little bit of pleasure you think you are getting from smoking away from you. Thats the whole idea. Once all the pleasure, conscious and subconscious, are gone, you will no longer have any desire at all to smoke. That is where were headed. If you want that, then just do what this book says. If you dont, then close this book right here and now, and light up a smoke. This is not being written for you. I am writing for those who are saying to themselves right now, Yeah, I guess it really is time, maybe even way past! This book can and will give you a step by step, easy as pie way out. All you have to do is use it. So the next time you belly up to the counter, or pull that lever on the machine, start disrupting your habit by buying a brand you DO NOT LIKE!
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This will bring to your conscious mind something your body has been trying to tell you since day one. You really dont like doing this, and want to stop. Wont it be easier to quit a brand you already hate? Of course, a funny thing will happen after the first few packs. You may start to enjoy that brand. Or, at the very least, get used to it. Crazy, isnt it? But yes, your body will attempt to accommodate you, and assume you want it to convert your habit to this brand. So it will. Then the first time you realize that youre getting used to that brand, choose another one you dislike. And never buy a carton all at once again. One pack at a time. But I can save money, you say. I must ask, whats more important to save? The few dollars, or your life? And when youre getting ready to buy that pack, make certain that you are down to your last few in the old pack. Dont buy ahead. Unless, of course, youll be where you cant get any more when you need them. I always want you to have a cigarette there when you want one. Then calculate, by using the information you got about your habit from counting, to estimate just how many packs youll need, and buy no more than that. Now that youve decided to change brands, start watching for advertisements in newspapers, magazines, and billboards for cigarettes. Especially watch for two particular ones; the one promoting your old brand, and the one for the crap you are now smoking. Each of these ads are designed to appeal to a certain demographic. Once you dissect them a bit, its fairly easy to tell to whom they are marketing each brand. Marlboro obviously is being sold to cowboys. Well, there arent that many cowboys around these days, but the cowboy influence is in all of our countrys blue collar workers. The entire construction and factory working labor force are, by and large, the modern day cowboys, who perhaps identify with that lonesome stranger on that horse. (In fact, that lonesome stranger, the original Marlboro Man, died of lung cancer in 1995. His heirs are now suing the tobacco company. See the reference section at the end of this book to understand just how he, and you, have been lied to, manipulated, and physically destroyed by them.) And Virginia Slims? How about slim virgins, (or those who want to be, but are neither)? Think I am stretching here? No way. What do you want to bet that more Republicans smoke Winstons than do Democrats? Why? Because Winstons taste good, like a cigarette should! And we all know that Republicans want everything to be the way it should. So look for your two little ads. Did you fit well into the demographic of your old brand? Do you feel wrong for your new one, because the ads for the new brand are
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talking to someone else? Obviously, if youre a construction worker, and youve decided to switch to Virginia Slims, then you will not only not fit into the demographic, but will likely take some heavy flak from your lunch bucket buddies. If you want to end your cigarette nightmare and you are committed to using this method, which will be the easiest you will find, then you can and will change brands...as many times as you have to. But dont forget to bring along that little pencil and business card for the week. Were still counting. You need to continue to count this way until you can count the cigarettes youve smoked in a week on one hand. Youll be surprised. It wont take that long. Now go ahead and light up (if you arent smoking already.) I know you want one, and of course, with this method, you can smoke all you want. But enjoy the last few in this pack of your brand. Then switch! If you have a whole carton, or part of a carton, give them away, sell them, or (Oh, no! Not that, never!) throw them away! Once you have begun to follow these instructions, you will realize that you are indeed in the process of ending your tobacco habit. Tell yourself so, clearly and out loud with commitment and passion, I am ending my smoking habit. This may sound silly, and perhaps it is, but tell it directly to the cigarette in your hand. Tell it to the pack. Tell it to your loved ones and friends. Tell it to yourself often. It is the truth. Let it be and make it so.
Cigarettes are more addictive addictive than heroin or cocaine.
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The Mantra
For those of you who dont know what a mantra is, the Tenth Edition of Websters Collegiate Dictionary states: ...mystical formula of invocation or incantation.... In the sixties and early seventies, the term mantra became popular being the name for an East Indian technique for bringing a person from one state of mind into another, simply by repeating a phrase to oneself. Today I believe the popular term is an affirmation. I call it a mini-selfhypnotic. What its called doesnt matter. What matters is that you have one, and use it. Mine, as I developed this process, became this: Each and every cigarette I smoke brings me closer and closer to that very last one. And after that last one, I will never want to smoke again. I repeated this out loud with almost each cigarette I smoked, often several times, and directly to the cigarette in my hand. Further, when I bought the packs, I would say it to myself out loud, substituting the word pack for cigarette. You may choose to use this mantra, or make up your own. It doesnt matter, as long as you have one, and that it makes a statement referring to the ultimate end of your habit. The importance of this is so that you are constantly reminded that you are in a conscious state of change, and heading in a new direction. Your body always responds to your thoughts, words, and actions. But it does so slowly and methodically. You must keep reminding it that change is taking place. You must state your goal and reinforce it. You must constantly remind it that you are in control, and are making the decisions. You built your habit, now you are dismantling it. When you started smoking, Im certain you said to yourself often, Hey, Im a smoker now. When someone offered you a cigarette, you probably hesitated just slightly for your brain to change tracks from, Im not a smoker, to yes, Im a smoker now, before you accepted the offer. Now its time to reverse that affirmation. This will take a little conscious effort, but the whole process is just that, small degrees of conscious effort resulting in the total termination of your desire to ever smoke again. By the way, my mantra was completed at 10:00 p.m. on Sunday, January 2, 1979, in a beer bar in Reseda, California. I got through three drags from a Winstons cigarette, my last old brand of choice, and started to cough. My throat hurt, and I started to get dizzy and nauseous. It had been perhaps a week or more since Id tried to smoke. I looked at the cigarette in my hand, 13
then at my image in the bar mirror. Then I said to the cigarette, There you are, you little bastard! You are the last cigarette I will ever want to smoke. I put it out, and I have never smoked a whole cigarette again. However, not long ago, when I was pretty soused on beer and all my barpool buddies were puffing away while playing the game, something Id done exactly the same way as they were for over a decade so long ago, I picked a lit one up from an ashtray and took a hit, just out of drunken curiosity. It had been seventeen years since that last one. I took just one hit, inhaled it, and the room started spinning immediately. My speech started to slur and I began to lose my balance. Right then I realized that most of the coordination Id always thought, back in my youth, that I was losing because of drinking, I was actually losing because of the intake of poison from the pack or more of cigarettes Id smoked when out drinking. Then I realized why now, when I lay down after drinking, the room doesnt spin anymore. I realized why it is now so much easier to get up and go to work after a night of drinking. (Still not easy, but much easier!) It is because it wasnt actually all that alcohol that was messing me up so badly. It was from the poisons in the cigarettes! Other changes I noticed were the smell of my breath, armpits, and feet. Even my underwear doesnt smell like it did in the old days. Now that the toxins are no longer oozing out of my skin through my sweat glands, I am a much cleaner person. I need far less sleep, and I find that my moods are far more stable. My teeth are even whiter. But perhaps the biggest lift I got from losing that habit is my self-respect. I have heard, been told, and read that cigarettes are more addictive than heroin or cocaine. Whether or not this is true, I cant say. But I can say that I walked away from a big one. Slowly and carefully, but away. I did it this way, and you can too. If you really, truly want to.
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Lung cancer is the leading cause of cancer deaths in the United States, with about 170,000 new cases being diag diagnosed each year. A renowned team of research researchers ers has found a direct and undisputed scien scientific link between cigarette smok smoking ing and termi terminal lung cancer!
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The Pose
What originally attracted me most to smoking was the look. It looked cool. James Dean, John Wayne, Liz Taylor, Clark Gable, Tracy and Hepburn, Bogart and Becall, they all looked so cool, mature, and sophisticated when they smoked. I suppose that the look of literally breathing fire was exciting on some purely primal level also. When my little friend Dennis the Menace started blowing smoke rings and then taking a long drag, letting the smoke curl out of his mouth and inhaling it through his nose as it came was-well, I just had to be able to do that. I actually do remember sitting at one of our little teen parties in my motorcycle jacket and Brylcreemed ducktail haircut, (remember the song? Brylcreem, a little dabll do ya. Brylcreem, you look so debonair!) looking just like an extra from the movie Grease and doing the inhale through the nose trick. All well and good for pubescent imaging, and the rights of passage, but I was killing myself to look cool! Is that crazy or what? But you know whats even crazier? You likely have some stories like mine about people, places, and reasons. But they have long been just history. Those people, those days, those motives are long gone and all but forgotten. But you are still killing yourself! How do you look when you smoke? You probably do it so naturally by now that you dont even notice how you look. Its part of you. Its just what you do so many times a day, without thinking any more than, Think Ill have a smoke. Once its lit, you dont think about it again until its time to put it out. Your mind races with other things like what youve just been doing, or what you plan to do next. But as you drag deeply on the small paper tube between your fingers, and suck real poison, toxic chemicals, death, into your body, where it permeates every facet of your entire cardio-vascular system, doing damage everywhere it reaches, your mind is off thinking about other far more trivial matters. Youre simply not paying attention. So this step in the process is called posing. For the next week, during every cigarette you smoke, and then as frequently as you can get yourself to do it, really pay attention to how you look while you smoke. How do you hold it? In the classic way, between your index and middle finger, between the second and third knuckles? Do you crook your elbow and keep the cigarette close to your mouth between drags, or do you let your arm hang, and act as though it almost wasnt even really there? Do you sometimes hold it in the corner of your mouth, and talk around it?
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How to Quit Smoking Without Willpower or Struggle Now, when youve noticed how you are doing it, look around yourself and see if anyone is noticing how youre smoking. Then, start trying out some poses. Hold the thing differently. Hold it in your other hand. Hold it between your thumb and index finger, like you might a roach. Hold it away from your body, as though you didnt want the smell of it to get into your clothes (sorry...too late). Hold it like there is a big wind coming up, and you dont want to let the butt go out. Just play with your style of smoking cigarettes. Now start looking at other peoples style of smoking. Do they seem aware of what theyre doing? Do they seem like theyre getting any joy, real pleasure, or satisfaction from it? Are you any more (or less) attracted to them because they are smoking? Or maybe how theyre smoking? Or because of the brand theyre smoking? Me neither. The goal of this facet of the process is to heighten your awareness of this one aspect of your smoking that you no longer need, or even pay attention to, but that is still part of the habit you have. A small part of why you started to smoke was probably because of the way you looked when you did it. Having read this thus far means to me that you are likely an adult whos smoked enough to know theres nothing of what those huge billboards showing beautiful, happy people promising youll have and be and get, if youll just commit suicide this one little way a few hundred times a day. Now you no longer need to satisfy your image, do you? You can let that part go by becoming hyper-aware of how you look while you are smoking. The more attention you pay to this aspect of the habit, the more you will likely become uncomfortable. You see, as you begin to look for that most natural pose for yourself by paying attention, you will find that there is no way to look cool while you are committing suicide. The very best you can hope for is do it in the least conspicuous place, because you see, in the nineties no mature person will ever look up to you and admire you by seeing how cool you are smoking. But there are a growing number of us who see you doing it and simply feel sad for you. Do you really want to have strangers feeling sorry for you, just based upon this one little behavior of yours? This one minor character defect? Hey, if youre with a whole party of smokers, you can all light up and pretend that its not even a defect. That its still the cool thing to be doing. Or is it time to grow up!?!
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Each year 400,000 deaths in the United States are attri attrib buted to cigarette smoking.
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Face The Enemy
Hopefully, by the time you read this chapter, youll have messed around with The Pose a bit, and decided that the best way to appear to others when you smoke is not to be seen at all. I mean avoid letting anyone see you smoke when at all possible. Smoke alone. Just you and your habit. Go somewhere quiet outside and light up that awful brand you bought and hold the cigarette out in front of your eyes and say your mantra. If you like mine, use it. But you have to believe it, whatever it is. So I encourage you to come up with one that will serve the same purpose as mine, but in your own words. And then use it. Say it directly to the cigarette, as if it can hear you. Speak to the tobacco company people through it. Pretend they have a little micro-phone bug inside there, listening. Tell them what youre thinking. Tell them you want to stop. Tell them to let you go. Tell them you are now in the process of stopping, whether they like it or not. Make it clear to yourself that the cigarette (or cigar or pipe or chew or whatever form) you are using is not welcome, and that you are rejecting it. Put as much passion and power into your words and feelings as you can muster. If you are alone, who cares how you sound? Only one person...you do. But beyond the critical you, who may be saying, What a fool I sound like doing this, there is another ear deep inside of you, listening. That ear belongs to the parts of your body and brain thats running the habit. It is slow and lumbering and seem hard of hearing because its doing as youve programmed it over and over to do. But it is listening. When your oral rejections reach its ear with the passion, intensity, and commitment that did your original commands to begin the habit had, it will start listening very well. You cant just think it and get the same quality of results. Saying it out loud puts the message into your brain and body in a physical way through auditory brain channels that simple silent thought cannot. We always tend to pay more attention to what we hear out loud than to what we only think, even if it is us whos say it to ourselves. Although there are those who think that talking out loud to oneself is an indication of being crazy, I believe in this case it is one of the tools you must use to stop being crazy. So come face to face with your enemy. Hold it in your fingers and really look at it. Talk to it. Smoke it all you want. Burn it up. Keep thinking about
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it every second that its in your hand. It is the enemy. It is here to kill you. It will kill you slowly and painfully. Along the way, it will diminish the quality of your life by bits and pieces. It will shorten your breath, color your teeth, dull your senses, deaden your taste buds, make it much harder to wake up each morning, alienate your non-smoker friends, and poison your immune system. And it will keep taking your valuable, hard earned money every day while it does all this. What, seven or eight hundred bucks a year? Now that you know how much you smoke, calculate how much a year you have been paying for that privilege. What if you had put all your cigarette money into a jar, starting on any January 1st in your smoking history. How much better could you have made that next Christmas for yourself and a loved one with that money? (Just not smoking is all by itself a gift, if your loved one is a non-smoker.) When you smoke, as I have said so many times in this little book already, you are committing suicide. This is perhaps the most personal act one can commit. Be certain to make it personal. No longer be casual about it. Its your life were talking about here. Its quality and length will grow or diminish in direct proportion to what you do right now, today.
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Epilogue
It has now been nearly twenty years since I mark the death of the habit I started sixteen year before that. I calculate that I smoked approximately one hundred twenty-five thousand cigarettes over that period of my life. That works out to roughly a million times I dosed myself with poison. At an average price of a nickel a cigarette, that comes to better than $6,250. The money was the very least of the waste. I know that my skin would today be in much better shape than it is, had I not poisoned myself so much, so often during my formative years. And recently a medical research report was released, stating that the macro-retina portion of the eye is destroyed by smoking. (And I thought I needed reading glasses only because I was getting older.) As Ive already said, I know that today I sleep better, awake far easier, have better breath and cleaner teeth, have far less body odor, shinier healthier hair, far more wind, and I could go on and on about the differences in my life. I also know that I probably could not have been able to do it, had I stayed with my first wife, who smoked them with me, butt for butt, and who has recently had smoking related tumors removed from her mouth and tongue. I know that when one is in an intimate relationship with another, their habits tend to become your habits and vice versa. I was single when I developed this process, and refused to allow my dates to smoke around me, or in my house. When I met and began a serious relationship with my current wife, I gave her six months to end her habit. I know it sounds a bit cold and callous to say to someone you are telling that you love that if they dont quit smoking, you are going to end the relationship. But as I saw it, and still do, the pain of ending that relationship would have been nothing compared to the pain, twenty or thirty years down the line, of hearing the words, the tumor is malignant and inoperable. I had decided that, if I were going to commit to another long-term relationship, it would not be with another smoker. To this day, she has only praise for my decision, and has not smoked now for fifteen years. Should she find herself alone again for any reason, she would never get into another relationship with a smoker. They (you) stink! I have written this book for both profit and charity. I take profit from it and shall donate a good portion of it to The American Cancer Society, and other nonprofit, charitable organizations that are dedicated to eradicating this evil enemy from our society. But my best reward is knowing that perhaps some21
one somewhere, who may not have had the ability or strength, as I did not, to physically combat tobacco, might find their way out of this insidious trap by way of this writing. I hope this has enlightened you to some degree, and even if you do not choose to begin the process now, let whats been written here roll around your brain for a few days. Some of it just may begin all by itself. You see, your body really does not want to be poisoned , and your brain is telling you that you want to stop . Let them take over. Youll be surprised at the results. It all starts simply with that little card and pencil, counting your habit. Not too tough, is it?
*
This system does work 100% of the time on 100% of smokers, if used as instructed. Failure of the smoker to end their habit can be found in failure to apply the system fully. Please do not misapply the system in this book, then use that as evidence that you can't quit. You can, if you truly want to quit. If you need help, write to me. Support@PresMark.com
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These photos are autopsy photos of people who have died as a direct result of lung failure, due to smoking. Although they are now deceased, this is how their lungs looked while they were still alive.
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How do you think your lungs compare?
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HELPFUL LINKS
The following are links to valuable World Wide Web sites that may assist in quitting smoking. However be warned, most propose that the best way to quit is cold turkey which you know by now is not promoted in this book. http://www.ash.org ASH (Action on Smoking and Health) has tons of current information about tobacco and tobacco companies, the government, and the law. ASH is one of the oldest and best-informed anti-tobacco organizations on the planet. It has been instrumental in many societal changes in tobacco use behavior, dating back over thirty years. http://www.PresMark.com/chat.htm The How to Quit Smoking Without Willpower or Struggle chat board. Always open. http://www.PresMark.com/BB.htm The How to Quit Smoking Without Willpower or Struggle bulletin board. Always open. http://www.quitsmokingsupport.com/ One of the original quit smoking sites on the Internet. Lots of features. http://www.quitsmokingdiaries.com Formerly, The Quit Smoking Co., many quit smoking products offered, including How to Quit Smoking Without Willpower or Struggle. http://www.intelihealth.com/ Johns Hopkins, on smoking and your digestion. Valuable and accurate medical information every smoker should know. http://www.thetruth.com Highly controversial anti-tobacco and anti-tobacco companies site funded by The American Legacy Foundation, which is in turn funded by the $1.5 billion in partial payment from the tobacco companies against the multibillion dollar settlement. This site is under scrutiny and may be pulled soon. But it does what it says. It tells the truth.
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The following text was taken from public record. Its form has been altered slightly in order to fit the format of this book. However, its content remains, word for word, intact. If someone has lost a loved one because of tobacco use, and therefore believes they also may have a legal cause of action against a tobacco company, they may, should they so choose, use this complaint as a model for their own action. They must, of course, substitute the names and circumstances of the situation. However, the references to how, what, when, and where of the tobacco companies actions could probably be used verbatim. I strongly suggest that one employ a competent attorney, or contact the legal firm or firms listed as bringing this action at the end of the suit. This comment is in no way suggesting legal advice, nor an attempt to practice law. It is simply a suggestion as to what course of action one might take, should one have lost a loved one to tobacco, and choose to pursue legal action.
David McLean was hired to portray the Marlboro Man. He was obligated to smoke Marlboro cigarettes, up to five packs per take, in order the get the ashes to fall a certain way, the smoke to rise a certain way, and the hand to hold the cigarette in a certain way.
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MARLBORO MANS WIDOW SUES PHILIP MORRIS

10/03/96
(Formatted to fit book and for ease of comprehension, but text unaltered)
The widow of David McLean, one of the models for the Marlboro Man commercials, has now sued Philip Morris, alleging that her husband died from smokingand especially from having to smoke as many as five packs a day when commercials or print ads were being made. Below is a copy of the legal complaint filed by the plaintiff: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION LILO MCLEAN, individually and successor in interest to DAVID MCLEAN, deceased, and MARK HUTH, individually Plaintiffs, vs. PHILIP MORRIS, INC.; LIGGETT & MYERS, INC.; LIGGETT GROUP, INC.; BROOKE GROUP, INC.; R.J. REYNOLDS TOBACCO COMPANY; BROWN & WILLIAMSON TOBACCO CORPORATION; THE AMERICAN TOBACCO COMPANY; B.A.T. INDUSTRIES P.L.C.; LORILLARD TOBACCO COMPANY; THE COUNCIL FOR TOBACCO RESEARCH-U.S.A., INC.; THE TOBACCO INSTITUTE, INC. Defendants. Civil Action 96CV167
COMPLAINT FOR PERSONAL INJURIES AND WRONGFUL DEATH

1. 2. 3. 4. 5. FRAUD AND DECEIT NEGLIGENT MISREPRESENTATION MISREPRESENTATION TO CONSUMERS BREACH OF EXPRESS WARRANTY BREACH OF IMPLIED WARRANTY
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PLAINTIFFS ORIGINAL COMPLAINT COME NOW Plaintiffs, LILO MCLEAN for herself and on behalf of the ESTATE OF DAVID MCLEAN, and MARK HUTH, AKA MARK MCLEAN, (hereinafter Plaintiffs), and for counts against Defendants, and each of them, complain and allege as follows. NATURE OF THE CASE 1. In the early 1960s, Philip Morris, Inc., came up with perhaps the most famous advertising image ever createdthe Marlboro Man. The portrait of a rugged, adventurous cowboy smoking a cigarette atop a horse against a scenic mountainous backdrop is used effectively to this day, making Marlboro the best selling cigarette in the world. But while the prominent image of the Marlboro Man lives on, David McLean, the actor who originally portrayed the Marlboro Man, has died of lung cancer. Cigarettes killed the Marlboro Man. 2. By this action, Plaintiffs LILO MCLEAN, the wife of David McLean, and MARK HUTH, AKA MARK MCLEAN, the son of David McLean, seek damages for wrongful death and personal injuries to David McLean based on common law theories of fraud and deceit, negligent misrepresentation, misrepresentation to consumers, breach of express warranty, and breach of implied warranty.
JURISDICTION
3. This Court has jurisdiction over this action pursuant to 28 U.S.C. Sec. 1332 (diversity jurisdiction) because the amount in controversy exceeds $50,000, exclusive of interest and costs, and because Plaintiffs are a citizens of a different state than the Defendants.
VENUE
4. Venue is proper in this District pursuant to 28 U.S.C. Secs. 1391 and 1392. David McLean purchased and smoked cigarettes that were manufactured and sold by Defendants in the Eastern District of Texas. Additionally, Defendants advertised in this District, received substantial compensation and profits from the sales of cigarettes in this District, and made material omissions and misrepresentations and breached warranties in this District.
PARTIES
A. Plaintiffs
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5. Decedent David McLean was a resident of Los Angeles, California. Due to his addiction to nicotine, David McLean used and could not discontinue the use of cigarettes, which caused him to die of lung cancer in 1995. 6. Plaintiff LILO MCLEAN is an individual residing in Los Angeles, California, and was the wife of David McLean for over forty years. 7. Plaintiff MARK HUTH, AKA MARK MCLEAN, is the son of David McLean residing in Los Angeles, California. B. Defendants
8. Defendant Philip Morris Incorporated (hereinafter Philip Morris) is a Virginia corporation having its principle place of business located at 120 Park Avenue, New York, New York. Defendant Philip Morris manufactures, advertises and sells Marlboro, Philip Morris, Merit, Cambridge, Benson & Hedges, Virginia Slims, Alpine, Dunhill, English Ovals, Galaxy, Players, Saratogo and Parliament cigarettes throughout the United States and in Texas. 9. Defendant Liggett & Myers, Inc., is a Delaware corporation whose principal place of business is located at Main and Fuller, Durham, North Carolina. Liggett & Myers, Inc., is a wholly owned subsidiary of Defendant Liggett Group, Inc., a Delaware corporation whose principal place of business is located at 700 West Main Street, Durham, North Carolina. Defendants Liggett & Myers, Inc., and Liggett Group, Inc., are subsidiaries of Defendant Brook Group, Ltd., a Delaware corporation, whose principal place of business is located at 300 North Duke Street, Durham, North Carolina. Defendants Liggett & Myers, Inc., Liggett Group, Inc., and Brook Group, Ltd., manufacture, advertise, and sell Chesterfield, Decade, L&M, Pyramid, Dorado, Eve, Stride, Generic, and Lark cigarettes throughout the United States and Texas. 10. Defendant R.J. Reynolds Tobacco Company is a New Jersey corporation whose principal place of business is located at Fourth and Main Streets, Winston-Salem, North Carolina. R.J. Reynolds Tobacco Company manufactures, advertises, and sells Camel, Vantage, Now, Doral, Winston, Sterling, Magna, More, Century, Bright Rite, and Salem cigarettes throughout the United States and in Texas. 11. Defendant Brown & Williamson Tobacco Corporation is a Delaware Corporation whose principal place of business is located at 1500 Brown & Williamson Tower, Louisville, Kentucky. Defendants Brown & Williamson Tobacco Corporation manufactures, advertises, and sells Kool, Barklay, BelAir, Capri, Raleigh, Richland, Laredo, Eli Cutter, and Viceroy cigarettes throughout the United States and Texas. 12. Defendant The American Tobacco Company, Inc., is a Delaware corporation whose principal place of business is located at Six Stamford Forum, Stamford, Connecticut. The American Tobacco Company manufacturers, advertises, and sells Lucky Strike, Pall Mall, Tareyton, Malibu, American, Montclair, Newport, Misty, Barkely, Iceberg, Silk Cut, Silva Thins, Sobrana, Bull Durham and Carlton cigarettes throughout the United States and in Texas. 13. Defendant B.A.T. Industries P.C.L. is a British corporation with its principal place of business at Windsor House, 50 Victoria Street, London. Through a succession of intermediary corporations and holding Companies, B.A.T. Industries P.L.C. is the sole shareholder of Brown
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& Williamson Tobacco Corporation. Through Brown & Williamson, B.A.T. Industries P.L.C. has placed cigarettes into the stream of commerce with the expectation that substantial sales of cigarettes would be made in the United States. In addition, B.A.T. Industries P.L.C. conducted, or through its agents and/or co-conspirators conducted, critical research for Brown & Williamson Tobacco Corporation on the issue of smoking and health. Further, Brown & Williamson Tobacco Corporation is believed to have sent to England research conducted in the United States on the issue of smoking and health in an attempt to remove sensitive and inculpatory documents from the United States jurisdiction, and these documents were subject to the control of B.A.T. Industries P.L.C. B.A.T. Industries P.L.C. has been involved in the conspiracy described herein and the actions of B.A.T. Industries P.L.C. have effected and caused harm in Texas. 14. Defendant Lorillard Tobacco Company is a Delaware corporation having its principal place of business located at One Park New York, New York. Defendants Lorillard Tobacco Company manufactures, advertises, and sells Old Gold, Triumph, Satin, Max, Spring, Newport, and True cigarettes throughout the United States and Texas. 15. Defendant The Council for Tobacco Research-U.S.A., Inc. (hereinafter CTR), successor in interest to the Defendant Tobacco Industry Research Committee (TIRC), is a nonprofit corporation organized under the laws of the State of New York having its principal place of business at 900 3rd Avenue, New York, New York 10022. 16. Defendant The Tobacco Institute, Inc. (hereinafter Tobacco Institute) is a New York corporation, having its principle place of business located at 1875 I Street, N.W., Suite 800, Washington, D.C. Defendant Tobacco Institute has since its incorporation in 1958, operated as the public relations and lobbying arm of the tobacco companies. 17. Beginning as early as the 1950s, and continuing until the present day, Defendants, and each of them, entered into an agreement with the intentional and unlawful purpose and effect of restraining and suppressing the dissemination of information on the addictive effects of nicotine and the harmful effects of smoking; restraining and suppressing the research, development, production, and making of a safer cigarette. In furtherance of Defendants conspiracy, Defendants lent encouragement, substantial assistance, and otherwise aided and abetted each other with respect to these wrongful acts, and the other wrongful acts set forth herein. As a result of the conspiracy, the Defendants are vicariously, and jointly and severally liable with respect to each of the actions described herein. 18. At all times herein mentioned, Defendants, and each of them, were acting as an agent of each of the other named and unnamed Defendants, and at tall times herein mentioned were acting within the scope, purpose and authority of that agency and with the full knowledge, permission and consent of each of the other Defendants. 19. Each Defendants is sued individually as a primary violator and as a co-conspirator, and the liability of each Defendants under each of the causes of action alleged herein arises from the fact that each Defendants entered into an agreement with the other Defendants and third parties to pursue, and knowingly pursued, the common course of conduct to commit or participate in the commission of all or part of the unlawful acts, tortuous acts, plans, schemes, transactions, and artifices to defraud alleged herein, including but not limited to: the manipulation of nicotine
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content and the big-availability of nicotine in tobacco products and the misrepresentation, concealment and suppression of information regarding the addictive properties of nicotine, and falsely advertising, marketing and selling cigarettes as safe, non-addictive, and not containing levels of nicotine manipulated by Defendants to cause addiction. 20. The liability of each Defendants arises from the fact that each committed and engaged in a conspiracy to accomplish the commission of all or part of the unlawful and tortuous conduct alleged herein, and intentionally, knowingly, and with evil motive, intent to injure, ill will or fraud and without legal justification or excuse, engaged in the conduct herein alleged. 21. At all pertinent times, Defendants acted through their duly authorized agents, servants, and employees who were then acting in the course and scope of their employment, and in furtherance of the business of said Defendants, with the knowledge, ratification and consent of their officers, directors and managing agents. 22. Defendants listed above and their predecessors and successors in interest did business in the State of Texas and the Eastern District of Texas, made contracts to be performed in whole or in part in Texas, and manufactured, tested, sold, offered for sale, supplied or placed in the stream of commerce, or, in the course of business, materially participated with others in so doing, tobacco products which the Defendants knew to be dangerous and hazardous and which the Defendants knew would be substantially certain to cause injury to the general public. Defendants committed and continue to commit tortuous and other unlawful acts in the State of Texas and in the Eastern District of Texas. 23. The Defendants, and their predecessors and successors in interest, performed such acts as were intended to and did result in the sale and distribution of tobacco products in the State of Texas, and the consumption of tobacco products by David McLean and by citizens and residents of the State of Texas. 24. The term addictive, used in this Complain is synonymous and interchangeable with the term dependence producing. Both terms refer to the persistent and repetitive intake of psychoactive substances despite evidence of harm and a desire to quit. Some scientific organizations have replaced the term addictive with dependence-producing to shift the focus to dependent patters of behavior and away from the moral and social issues associated with addiction. Both terms are equally relevant for purposes of understanding the drug effects of nicotine.
FACTUAL ALLEGATIONS
A. David McLeans Use of Cigarettes 25. David McLean began smoking cigarettes at the age of twelve and was almost immediately addicted to the nicotine in tobacco. Because of his addiction to nicotine, Mr. McLean continued smoking cigarettes until he died at age seventy-three. 26. Due to his addiction to nicotine, David McLean smoked cigarettes everyday. Although he tried to quit smoking numerous times, his addiction to nicotine prevented him from doing so.
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27. During the time he became addicted to the nicotine in cigarettes, David McLean did not know the adverse health consequences of smoking. Until 1964, cigarette packages and advertisements contained no warning of the adverse health effects of tobacco. David McLean was led to believe that smoking cigarettes was not harmful to his health or addictive. 28. During his long history of smoking, David McLean primarily smoked Marlboro and Chesterfield brand cigarettes. 29. In the early 1960s, already a smoker for over twenty years, David McLean was hired to portray the Marlboro Man in television and print advertising. During the taping of the commercials, David McLean was obligated to smoke Marlboro cigarettes. The commercials were very carefully orchestrated, and David McLean was required to smoke up to five packs per take, in order the get the ashes to fall a certain way, the smoke to rise a certain way, and the hand to hold the cigarette in a certain way. 30. Even after his portrayal of the Marlboro Man, David McLean continued to smoke Marlboro cigarettes, and he continued to receive boxes of Marlboro cigarettes as gifts. 31. In approximately 1985, David McLean began to suffer from emphysema due to smoking. 32. In approximately 1993, during a pre-operative check up for back surgery, David McLeans doctors found a tumor in his right lung. After further review, David McLean was diagnosed with lung cancer. Later that year, he underwent surgery to remove the tumor and part of the lung. 33. Initially, doctors believed that the tumor had been fully removed. But in 1995, doctors discovered that cancer was still present in his right lung. Later that year, doctors discovered that the cancer had spread to his brain and his spine. Chemotherapy and other treatments administered to David McLean were unsuccessful. 34. In October of 1995, due to cancer caused by long years of smoking cigarettes, David McLean died, leaving a widow and fatherless son. B. The Industry Conspiracy On Smoking and Health: Deceiving the Public About Disease and Death 35. Through a fraudulent course of conduct that has spanned decades, Defendants have manufactured, promoted, distributed, or sold tobacco products to millions of consumers, i ncluding David McLean, knowing, but denying and concealing, that their tobacco products contain a highly addictive drug, known as nicotine, and have, unbeknownst to the public, controlled and manipulated the amount and big-availability of nicotine in their tobacco products for the purpose and with the intent of creating and sustaining addiction. 36. The Tobacco Companies reap enormous profits from their manufacture and sale of cigarettes to consumers throughout the United States, including the State of Texas. The Tobacco Companies earnings for the last year alone exceeded six billion dollars. The Tobacco Companies, make, advertise and sell cigarettes despite their knowledge of the following facts: More than 10 million Americans have died as a result of smoking cigarettes; almost one death in every five is due to a smoking-related illness; the leading cause of preventable death in the United States today is smoking cigarettes; smoking causes cardiovascular disease and is r esponsible for approximately one third of all heart disease deaths; smoking causes almost all lung
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and throat cancer deaths; smoking causes various pulmonary diseases, including emphysema; smoking causes stillbirths and neonatal deaths among the babies of mothers who smoke; and cigarettes may contain any number of approximately 700 additives, including a number of toxic and dangerous chemicals. 37. Despite the overwhelming weight of scientific evidence that smoking cigarettes and using smokeless tobacco pose serious health risks, and despite the gruesome statistical legacy left by the tobacco industry, approximately 50 million Americans continue to smoke cigarettes, including 3,000 new teenage smokers daily, and millions more continue to use smokeless tobacco because they are addicted to these products. More specifically, they are addicted to nicotine, the drug in tobacco that causes an addiction similar to that suffered by users of heroin and cocaine . 38. Cigarettes contain nicotine. Nicotine is an addictive substance and the use of cigarettes results in addiction to them. Nicotine causes compulsive use of cigarettes, despite knowledge that they are harmful, if not lethal; nicotine has a psychoactive (mood-altering) effect in the brain; and, nicotine invokes what is called reinforcing behavior, causing continued use of the nicotine-containing products. Cigarette smokers suffer an inability to quit, notwithstanding a desire to do so, and those who do quit (or attempt to) endure withdrawal symptoms such as headaches, insomnia, depression, lack of concentration, and anxiety. 39. The addictive power of nicotine is further illustrated by these statistical facts: at least two-thirds of adults who smoke say they wish they could quit; 17 million Americans try to quit smoking each year, but fewer than 1 out of 10 succeed; for every smoker who quits, 9 try and fail; 8 out of 10 smokers say they wish they had never started smoking; among smokers who suffer heart attack, 38% resume smoking while they are still in the hospital; even when a smoker has his or her larynx removed, 40% try smoking again; 70% of young people ages 12 to 18 who smoke say they believe they are already dependent on cigarettes; and 40% of high school seniors who smoke regularly have tried to quit and failed. According to David A. Kessler, MD, Commissioner of the United States Food and Drug Administration, Once they have started regularly, most smokers are in effect deprived of the choice to stop smoking . . . . Seventeen million Americans try to quit smoking each year. But, more than 15 million are unable to exercise that choice because they cannot break their addiction to cigarettes. C. Knowledge That Nicotine Causes Addiction 40. The fact that nicotine delivered by tobacco products is highly addictive was carefully and comprehensibly documented in the 1988 Surgeon Generals Report, The Health Consequences of Smoking: Nicotine Addiction. The major conclusions contained in this report are (a) Cigarettes and other forms of tobacco are addicting; (b) Nicotine is the drug in tobacco that causes addiction; and The pharmacologic and behavioral processes that determine tobacco addiction are similar to those that determine addiction to drugs such as heroin and cocaine. Likewise, in a 1988 report addressing the health effects of smokeless tobacco, the World Health Organization concluded: [T]here is ample evidence that the blood nicotine levels of smokeless tobacco users were as high as or even higher than those found in many cigarette smokers. Its continued use, therefore, does cause addiction and dependence in humans.
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41. Nicotine is now recognized as an addictive substance by such major medical organizations as the Office of U.S. Surgeon General, the World Health Organization, the American Medical Association, the American Psychiatric Association, the American Psychological Association, the American Society of Addiction Medicine, the American Public Health Association, and the Medical Research Counsel in the United Kingdom. The National Institute on Drug Abuse has called cigarette smoking the most common example of drug dependence in the United States. 42. Despite the recent recognition of nicotines addictive properties by these and other organizations, the Tobacco Companies and their distributors continue to misinform the general public. Although it now appears that the Tobacco Companies have known for decades, on the basis of their own long-concealed research and testing, that nicotine is addictive, they have denied, and have continued to deny, that nicotine is addictive. The Tobacco Companies insistence and affirmative denial that nicotine is addictive, coupled with their pervasive advertising, promotional and public relations strategy, is designed to and has effectively nullified the publics meaningful appreciation of the nature and extent of nicotine dependence. Specifically, the Tobacco Companies, emphasis on smoking as a voluntary personal choice and its positive social benefits misleads the public, especially the impressionable young people, into thinking that smoking may be stopped as easily as started. Knowledge of addiction then may thus come too late, when the phenomenon of addiction prevents or complicates any personal choice to quit.
1.
The Tobacco Companies Understanding of Nicotine Addiction.
43. The Defendants know of the difficulties smokers experience in quitting smoking and of the tendency of addicted individuals to focus on any rationalization to justify their continued smoking. The Defendants exploit this weakness and capitalize upon the known addictive mature of nicotine. Nicotine addiction guarantees a market for cigarettes. The addictive nature of the nicotine in cigarettes virtually eliminates personal choice in those who become addicted. 44. By no later than the early 1960s, and perhaps as early as the 1940s, the Tobacco Companies were fully aware, based on their own scientific research, that nicotine was an addictive substance and that regular cigarette smoking results in nicotine dependence. For example, an internal Philip Morris report from 1971 describes the difficulties a smoker has in stopping smoking one they are addicted to nicotine. Even after eight months, quitters were apt to report having neurotic symptoms, such as feeling depressed, being restless and tense, being illtempered, having a loss of energy, being apt to doze off, etc. They were further troubled by constipation and weight gains . . . . 45. An internal report written in 1973 by William J. Dunn, Jr., a senior scientist with Philip Morris, says the following: The primary incentive to cigarette smoking is the intermediate salutatory effect of inhaled smoke upon body function . . . . As with eating and copulating, so it is with smoking. The physiological effects serve as the primary incentive: all other incentives are secondary . . . Without nicotine,
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the argument goes, there would be no smoking. Some strong evidence can be marshaled to this argument: (1) No one has ever become a cigarette smoker by smoking cigarettes without nicotine. (2) Most of the physiological responses to inhaled smoke have been shown to be nicotine-related. 46. Another internal Philip Morris document, this one from 1981, acknowledges that: Nicotine is a powerful pharmacological agent with multiple sites of action and may be the most important component of cigarette smoke. Nicotine and an understanding of its properties are important to the continued well being of our cigarette business since this alkaloid has been cited often as the reason for smoking and theories have been advanced for nicotine titration by the smoker. Nicotine is known to have effects on the central nervous system as influencing memory, learning, pain perception, response to stress, and level of arousal. 47. Additional documents are, likewise, replete with evidence of such knowledge: a. In 1962, Sir Charles Ellis, scientific advisor to the board of directors of British American Tobacco Company (BATCO), Brown & Williamsons parent company, stated at a meeting of worldwide subsidiaries, that smoking is a habit of addiction and that [n]icotine is not only a very fine drug, but the technique of administration by smoking has considerable psychological advantages ... He subsequently described Brown Williamson as being in the nicotine rather than the tobacco industry. b. A research report from 1963 commissioned by Brown & Williamson states that when a chronic smoker is denied nicotine: A body left in this unbalanced state craves from renewed drug intake in order to restore the physiological equilibrium. This unconscious desire explains the addiction of the individual to nicotine. No information from that research has ever been voluntarily disclosed to the public; in particular, it was not shared with the committee that was preparing the first Surgeon General report and hence was not reflected in that report. c. Addison Yeaman, General Counsel at Brown & Williamson, summarized his view about nicotine in an internal memorandum also in 1963: Moreover, nicotine is addictive. We are, then, in the business of selling nicotine, an addictive drug, effective in the release of stress mechanisms. d. Internal reports prepared by Philip Morris in 1972 and the Philip Morris USA R esearch Center in March 1978 demonstrate Philip Morris understanding of the role of nicotine in tobacco use: We think that most smokers can be considered nicotine seekers, for the pharmacological effect of nicotine is one of the rewards that come from smoking. When the smoker quits, he forgoes his accustomed nicotine. The change is very noticeable, he misses the reward, and so he returns to smoking. e. From 1940-1970, the American Tobacco Company conducted its own nicotine research, funding over 90 studies on the pharmacological and other effects of nicotine on the body. This research constitutes 80% of all biological studies funded by the company over this period. In 1969, the American Tobacco Company even test marketed a nicotine enriched cigarette in Seattle, Washington. f. In a 1972 document entitled RJR Confidential Research Planning Memorandum on the Nature of the Tobacco Business and the Crucial Role of Nicotine Therein, an R.J.Reynolds
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executive wrote: In a sense, the tobacco industry may be thought of as being a specialized, highly ritualized, and stylized segment of the pharmaceutical industry. Tobacco products uniquely contain and deliver nicotine, a potent drug with a variety of physiological effects. 48. The industrys recognition of the extent to which nicotineand not tobaccodefines its product is illustrated in a 1972 Philip Morris report on a CTR conference, which states: a. As with eating and copulating, so it is with smoking. The physiological effect serves as the primary incentive, all other incentives are secondary. The majority of the conferees would go even further and accept the proposition that nicotine is the active constituent of cigarette smoke. Without nicotine, the argument goes, there would be no smoking. b. Why then is there not a market for nicotine per se, eaten, sucked, drunk, injected, inserted or inhaled as a pure aerosol? The answer, and I feel quite strongly about this, is that the cigarette is in fact among the most awe-inspiring examples of the ingenuity of man. Let me explain my conviction. The cigarette should be conceived not as a product but as a package. The product is nicotine. c. Think of the cigarette pack as a storage container for a days supply of nicotine ... Think of the cigarette as a dispenser for a dose unit of nicotine. 49. Documents from a BATCO study called Project Hippo, uncovered only in May 1994, show that as far back as 1961, this cigarette company was actively studying the physiological and pharmacological effects of nicotine. Project Hippo reports were circulated to other U.S. cigarette manufacturers and to TIRC, demonstrating that at least some of the industrys nicotine research was shared. BATCO sent the reports to officials at Brown & Williamson and R.J. Reynolds, and circulated a copy to TIRC with a request that TIRC consider whether it would help the U.S. industry for these reports to be passed on to the Surgeon Generals Committee. 50. Similarly, an RJR-MacDonald Marketing Summary Report from 1983 concluded that the primary reason people smoke is probably the physiological satisfaction provided by the nicotine level of the product. 51. To this day, the cigarette manufacturers have concealed from he public and public health officials their extensive knowledge of the addictive properties of nicotine and its critical role in smoking and continue to contend that nicotine is not addictive and that cigarettes are not harmful to health. 52. As recently as December 1995, the Wall Street Journal reported on an internal Philip Morris draft document analyzing the competitive market for nicotine products for the years 1990-1992. The report describes the importance of nicotine: Different people smoke for different reasons. But the primary reason is to deliver nicotine into their bodies. It is a physiologically active, nitrogen-containing substance. Similar organic chemicals include quinine, c ocaine, atropine and morphine. While each of these substances can be used to affect human physiology, nicotine has a particularly broad range of influence. During the smoking act, nicotine is inhaled into the lungs in smoke, enters the bloodstream and travels to the brain in about eight to ten seconds. 53. Recently disclosed handwritten notes dated 1965 from Ronald A. Tamol, who until 1993 was Philip Morris, Director of Research and Brand Development, refer to minimum nicotine ... to keep the normal smoker hooked.
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54. The cigarette manufacturers have affirmatively misrepresented to consumers and to Congress the role of nicotine in tobacco use. Even today, Brown & Williamson, R.J. Reynolds and the Tobacco Institute continue to claim that nicotine is important in cigarettes for taste and mouth feel. However, tobacco industry patents specifically distinguish nicotine from flavorants and an R.J. Reynolds book on flavoring tobacco, while listing approximately a thousand flavorants, fails to include nicotine as a flavoring agent. The cigarette industry has actually concentrated on developing technologies to mask the acrid flavor of increased levels of nicotine in cigarettes. 55. Patent filings by the Tobacco Companies further reveal their knowledge of the addictive quality of nicotine. In a 1971 patent filing, Philip Morris discusses maintaining the nicotine content at a sufficiently high level to provide the desired physiological activity. Years of numerous patent filings by the Tobacco Companies underscore the industrys knowledge that nicotine is addictive. 56. Despite their knowledge that cigarette smoking is as a result of nicotine, extremely addictive, the Tobacco Companies still continue to deny that smoking is addictive. Through their individual advertising and public relations campaigns, and collectively through the work of the Tobacco Institute, the Tobacco Companies have successfully promoted and sold cigarettes by concealing and misrepresenting their highly addictive nature. The Congressional Subcommittee on Health and Environment commenced a public hearing March 25, 1994, on the potential regulation of nicotine-containing products under the Federal Food, Drug and Cosmetic Act. In the wake of the March 5, 1994, Congressional Hearings, spokespeople for the Tobacco Institute and the Tobacco Companies have denied in nationwide television broadcasts and print publications that nicotine is addictive. On April 14, 1994, the chief executives of each of the Tobacco Companies testified under oath before Congress and told the general public that nicotine is not addictive. Following the appearance of the Tobacco Companies executives before Congress, Philip Morris took out full-page newspaper advertisements that stated in part: Philip Morris does not believe cigarette smoking is addictive.
2.
The Waxman Hearings.
57. On February 25, 1994, David A. Kessler, MD, Commissioner of the FDA, sent a letter to Scott D. Bailin, Esq., Chairman of the Coalition on Smoking and Health, asserting: Evidence brought to out attention is accumulating that suggests that cigarette manufacturers may intend that their products contain nicotine to satisfy an addiction on the part of some of their customers. The possible inference that cigarette vendors intend cigarettes to achieve drug effects in some smokers is based on mounting evidence we have received that: (1) the nicotine ingredient in cigarettes is a powerfully addictive agent and (2) cigarette vendors control the levels of nicotine that satisfy this addiction. 58. In response to Kesslers letter, on March 15, 1994, in a letter to The New York Times, James W. Johnston, Chairman and Chief Executive Officer of R.J. Reynolds, continued to as-
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sert that nicotine was not addictive. Johnston based his assertion upon the success rate of American adults who had quit smoking. 59. On March 25, 1994, David Kessler testified before the Waxman Subcommittee that the cigarette industry has attempted to frame the debate on smoking as the right of each American to choose. The question we must ask is whether smokers really have that choice. Dr. Kessler stated: a. Accumulating evidence suggests that cigarette manufacturers may intend this resultthat they may be controlling the levels of nicotine in their products in a manner that creates and sustains an addiction in the vast majority of smokers. b. We have information strongly suggesting that the amount of nicotine in a cigarette is there by design. c. [T]he public thinks of cigarettes as simply blended tobacco rolled in paper. But they are much more than that. Some of todays cigarettes may, in fact, qualify as high technology nicotine delivery systems that deliver nicotine in precisely calculated quantitiesquantities that are more than sufficient to create and to sustain addiction in the vast majority of individuals who smoke regularly. d. [T]he history of the tobacco industry is a story of how a product that may at one time have been a simple agricultural commodity appears to have become a nicotine delivery system. e. [T]he cigarette industry has developed enormously sophisticated methods for manipulating nicotine levels in cigarettes. f. In many cigarettes today, the amount of nicotine present is a result of choice, not chance. [S]ince the technology apparently exists to reduce nicotine in cigarettes to insignificant levels, why, one is led to ask, does the industry keep nicotine in cigarettes at all? 60. On June 21, 1994, Dr. Kessler told the Waxman subcommittee that FDA investigators had discovered that Brown & Williamson had developed a high nicotine tobacco plant, which the company called Y-1. This discovery followed Brown & Williamsons flat denial to the FDA on May 2, 1994, that it had engaged in any breeding of tobacco for high or low nicotine levels. 61. When four FDA investigators visited the Brown & Williamson plant in Macon, Georgia on May 3, 1994, Brown & Williamson officials denies that the company was involved in breeding tobacco for specific nicotine levels. 62. In fact, in a decade-long project, Brown & Williamson secretly developed a genetically engineered tobacco plant with a nicotine content more than twice the average found naturally in flue-cured tobacco. Brown & Williamson took out a Brazilian patent for the new plant, which was printed in Portuguese. Brown & Williamson and a Brazilian sister company, Souza Cruz Overseas, grew Y-1 in Brazil and shipped it to the United States where it was used in five Brown & Williamson cigarette brands, including three labeled light. When the companys deception was uncovered, company officials stated that close to four million pounds of Y-1 were stored in company warehouses in the United States.
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63. As part of its cover-up, Brown & Williamson even went so far as to instruct the DNA Plant Technology Corporation of Oakland, California, which had developed Y-1, to tell FDA investigators that Y-1 had never [been] commercialized. Only after the FDA discovered two United States Customs Service invoices indicating that more than a million pounds of Y-1 tobacco had been shipped to Brown & Williamson on September 21, 1992, did the company admit that it had developed the high nicotine tobacco. 64. The general public is only now beginning to learn about the measures taken by the Tobacco Industry to conceal the truth about nicotine. On March 31, 1994, Congressman Waxman released a copy of a previously secret Philip Morris funded research study substantiating the addictive nature of nicotine. Philip Morris scientists, upon conducting tests, found strong evidence that nicotine might be addicting, which suggested further testing should be done. The experiment used in this study - self administration by rats - is one of the primary tests used by the U.S. Food and Drug Administration, the U.S. Drug Enforcement Agency, and World Health Organization to determine whether a drug is addictive. The research was submitted in 1983 to the scientific journal Psychopharmacology and was accepted for publication. Prior to publication, the journal was notified by the scientist that the article was being withdrawn due to factors beyond [his] control. The scientist subsequently left Philip Morris and in 1986 resubmitted a revised version of the article to the journal. After the article was accepted for publication again, the scientist was forced to withdraw it by Philip Morris. 65. If the Tobacco Companies had disclosed their knowledge of the addictive nature of nicotine when they first acquired this knowledge then the public would have learned about the addictiveness of nicotine many years ago. As a result, the scientific and medical community would have had access to critical Tobacco Industry secrets on the subject which would have resulted in a more rapid popular determination and consensus on the subject. The Tobacco Industry concealed and continues to attempt to conceal the truth about nicotine in order to sustain the additions of existing cigarette smokers and to hook thousands of new smokers every day, so that the Tobacco Companies can continue to profit at the expense of the lives and health of the general public. 66. Not only does the Tobacco Industry know and conceal that nicotine is an additive drug, the Plaintiffs are informed and believe that the Tobacco Companies intend that their products contain sufficient nicotine to satisfy additional on the part of smokers and therefore control the levels of nicotine in these products to create and sustain the addition. It is this scheme to deceive the general public that enables the Tobacco Companies to see its life-threatening products to tens of millions of Americans as their captive customers.
3. The Tobacco Companies Manipulate the Level of Nicotine in Cigarettes With the Intent and for the Purpose of Creating and Sustaining Addictions to their Products.
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67. Plaintiffs are informed and believe that the Tobacco Companies control or manipulate the levels of nicotine in cigarettes. The Tobacco Companies developed technology years ago to remove nicotine from tobacco and to control precisely the amount of nicotine in cigarettes. Nevertheless, the Tobacco Companies continues to manufacture, market and sell their products with levels that are sufficient to produce and sustain addition. Rather than remove nicotine from cigarettes and smokeless tobaccoand hence remove the addictive drug contained therein the Tobacco Companies add nicotine to their cigarettes through a variety of methods to maintain levels of nicotine sufficient to make their cigarettes additive to consumers. 68. The Tobacco Companies prepare a substantial portion of the contents of their cigarettes through what is called a Reconstitution process. Prior to the 1940s the waste products from cigarettestobacco leaf scraps and stems, dried tobacco dust, adhesive reinforcing fiber, mineral ash modifiers, humectant, and some other inexpensive materialswere discarded. Thereafter the tobacco companies began to sue these previously unusable materials to make reconstituted tobacco. As part of the process, the Tobacco Companies removed ingredients from these materials at an early stage of the process and replaced some of the nicotine in later stages. The reconstitution process allows the Tobacco Companies to manufacture cigarettes at a lower costs by using less tobacco which is the most expensive part of the cigarette and by making up the difference in content with the reconstituted tobacco. By removing the nicotine and then carefully replacing as much nicotine as desired the Tobacco Companies are able to control the precise amount of nicotine in cigarettes. 69. LT Industries, a subsidiary of Kimberly-Clarke Corporation specializes in the tobacco reconstitution process and, as LT says in helping tobacco companies control their nicotine. The LT reconstitution process in the most widely used in the world. An LT-advertisement, entitled More Nicotine, Or Less, published in tobacco trade publications states: Nicotine levels are becoming a growing concern to the designers of modern cigarettes, particularly those with lower tar deliveries. The Kimberly-Clarke tobacco reconstitution process, used by LT industries, permits adjustments of nicotine 3 to your exact requirements. These adjustments of nicotine to your exact requirements. These adjustments will not affect the other important properties of customized reconstituted tobacco produced at LT Industries: low tar delivery, high filling power, high yield, and the flexibility to convey organoleptic modifications. We can help you control your tobacco. In fact, the process described in the LT advertisement can raise the level of nicotine beyond that which is naturally found in tobacco materials. In 1985, a Tobacco Journal article describing the LT process states: Those standard reconstituted Tobacco Products contained 0.7-1.0 nicotine. LT Industries offers the possibility of increasing the nicotine content of the final sheet to a maximum of 3.5% . . . A dramatic increase in tobacco taste and smoke is noted in the nicotine-fortified reconstituted tobacco. 70. Without informing the general public the Tobacco Companies have long viewed cigarettes in terms of their nicotine delivery function. For example, Philip Morris William L. Dunn, Jr., wrote in a 1973 internal memorandum: Why then is there not a market for nicotine per use, to be eaten, sucked, drunk, injected, inserted or inhaled as a pure aerosol? The answer, and I feel quite strongly about this, is that the cigarette is in fact among the most awe-inspiring examples of the ingenuity of man . . . .The cigarette should be conceived not as a product, but as a package.
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The product is nicotine. The cigarette is but one of many package layers. There is the carton, which contains the pack, which contains the cigarette, which contains the smoke. The smoke is the final package. The smoker must rip off all of these packaged layers to get to that which he seeks. Think of the cigarette as a storage container for [a] days supply of nicotine . . . Think of the cigarette as dispenser for a dose unit of nicotine . . . Think of a puff of smoke as the vehicle for nicotine . . . Smoke is beyond question the most optimized vehicle of nicotine and the cigarette the most optimized dispenser of smoke . . . Likewise, a 1981 Lorillard study indicates that current research is directed toward increasing the nicotine levels while maintaining or marginally reducing the tar deliveries. 71. Evidence of the Tobacco Industrys intent and ability to manipulate nicotine in cigarettes at a sufficiently high level to provide the desired physiological activity, is found in years of T obacco Company patent applications. Tobacco Company patents illustrate an intent and ability by the Tobacco Companies to control the amount of nicotine in cigarettes; to provide desired physiological effects; to increase nicotine content in cigarettes by adding nicotine to various parts of the cigarette; to manipulate nicotine levels in cigarettes; and to manipulate the rate at which the nicotine is delivered in the cigarettes. For example: A. A 1966 Philip Morris patent application discusses an invention that permits the release into tobacco smoke, in controlled amounts, of desirable flavorants, as well as the release, in controlled amounts and when desired, of nicotine into tobacco smoke. B. A 1971 Philip Morris patent states: It has long been known in the Tobacco Industry that in order to provide a satisfactory smoke, it is desirable to maintain a nicotine content of Tobacco Products at a uniform level. However, it is difficult to accomplish this result since the nicotine content of tobacco varies widely, depending on the type of tobacco and the condition under which the tobacco was grown. Maintaining the nicotine content at a sufficiently high level to provide the desired physiological activity, taste, and odor, which this material imparts to the smoke, without raising the nicotine content through an undesirably high level can thus be seen to be a significant problem in the tobacco art. The addition of nicotine to tobacco in such a way that it remains inert and stable in the product, and yet is released in a controlled amount into the smoke aerosol when the tobacco is pyrolyzed, is a result which is greatly desirable. The present invention provides a solution to this long standing problem and results in accurate control of the nicotine which is released in tobacco smoke. By employing the nicotinereleasing agents in methods of the present invention, it is possible to incorporate exact amounts of nicotine into tobacco composition, which will remain constant over extended periods of time and which will ultimately yield a smoke containing a controlled amount of nicotine. C. Another 1971 Philip Morris patent application discusses a design to increase the nicotine content in the smoke of the tobacco product by adding nicotine. One of the expressed objects of the invention was to provide an agent for the treatment of tobacco smoke whereby nicotine is easily released under controlled amounts. The same Philip Morris application explains that the proposed invention is particularly useful for the maintenance of the proper amount of nicotine in tobacco smoke, and notes that previous efforts have been made to add nicotine to Tobacco Products when the nicotine level in the tobacco was undesirably low.
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D. A 1980 Loews Corporation patent application discusses a process that enables the manipulation of the nicotine content of tobacco materials such as cut leaf and reconstituted leaf by removal of nicotine from a suitable nicotine tobacco source, or by the addition of nicotine to a low nicotine material. E. A 1986 R.J. Reynolds Tobacco Company patent indicates that the Tobacco Companies can precisely manipulate the rate at which the nicotine is delivered in the cigarette: It is a further object of this invention to provide a cigarette which delivers a larger amount of nicotine in the first few puffs of the cigarette than in the last few puffs. F. A 1991 R.J. Reynolds Tobacco Company patent application states that processed tobaccos can be manufactured under conditions suitable to provide products having various nicotine levels. 72. Information about the Tobacco Companies, manipulation of the nicotine level in cigarettes, with the intent and purpose of creating and sustaining addictions to their cigarettes has only recently come to the publics attention. An ABC television show, Day One, broadcast an episode February 28, 1994, entitled SmokescreenCigarette Companies and Nicotine Level, during which Day Ones investigators reported their findings that the Tobacco Companies have been carefully controlling the levels of nicotine in their products for years. Day Ones investigators reported that, to verify that nicotine is being added to reconstituted t obacco in cigarettes, they went to the American Health Foundation which analyzed the reconstituted tobacco portion of several brands of R.J. Reynolds Tobacco Company cigarettes. According to Day One, the samples tested had up to 70% of the nicotine that would be found in regular tobacco. 73. During the March 25, 1994, Congressional Hearings, FDA Commissioner Dr. David Kessler testified that accumulating evidence suggests that the Tobacco Companies may be controlling smokers choice by controlling the level of nicotine in their products in a manner that creates and sustains an addiction in the vast majority of smokers. Dr. Kessler went on to say that some of todays cigarettes may, in fact, qualify as high technology nicotine delivery systems that deliver nicotine in precisely calculated quantities - quantities that are more than sufficient to cease and sustain an addiction in the vast majority of individuals who smoke regularly. During the March 25, 1994, hearing, Dr. Kessler and others presented evidenced of the T obacco Companies manipulation of nicotine levels, including reference to internal memoranda and more than 30 industry patents. 74. Just as the Tobacco Companies deny that the nicotine contained in cigarettes is additive, through their individual advertising and public relations campaigns and collective through The Tobacco Institute, the Tobacco Companies have denied unequivocally that they are engaged in controlling the level of nicotine in cigarettes for the purpose of developing and sustaining addiction to their products. Since the Day One program broadcast by ABC and the March 24, 1994, Congressional Hearings, spokespeople for The Tobacco Institute and the Tobacco Companies have in nationwide television broadcasts and publications denied all the charges that the Tobacco Companies manipulate nicotine levels in cigarettes. During their appearance before Congress on April 14, 1994, the chief executives of each of the Tobacco Companies testified
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that their companies do not manipulate nicotine levels or otherwise add nicotine to their cigarettes to create or sustain addition to their products. 75. The nicotine content of the raw tobacco is not the only variable manipulated by the cigarette manufacturers to deliver a pharmacologically active dose of nicotine to the smoker. Cigarettes are not simply cut tobacco rolled into a paper tube. Modern cigarettes as sold in California are painstakingly designed and manufactured to control nicotine delivery to the smoker. 76. For example, cigarette manufacturers add several ammonia compounds during the manufacturing process which increase the delivery of nicotine and almost double the nicotine transfer efficiency of cigarettes. 77. Brown & Williamson publicly denies that the use of ammonia in the processing of tobacco increases the amount of nicotine absorbed by the smoker. Nevertheless, the companys own internal documents revealed that it and its rivals use ammonia compounds to increase nicotine delivery. A 1991 Brown & Williamson confidential blending manual states: Ammonia, when added tobacco blend, reacts with the indigenous nicotine salts and liberates free nicotine . . . . As the result of such change the ratio of extractable nicotine to bound nicotine in the smoke may be altered in favor of extractable nicotine. As we know, extractable nicotine contributes to impact in cigarette smoke and this is how ammonia can act as an impact booster. According to Brown & Williamson manual, all American cigarette manufacturers except Liggett use ammonia technology in their cigarettes.
D. Fraudulent Concealment.
78. Defendants have fraudulently concealed the existence of the causes of action alleged below. The Plaintiffs and members of the general public have exercised due diligence to learn of their legal rights, and despite such diligence, failed to uncover the existence of the violations alleged below until very recently. Defendants affirmatively concealed the existence of the causes of action alleged below through the following actions, among others: a. Testifying falsely under oath before the United States Congress. b. Providing false explanations of customers and to governmental entities regarding the health hazards of tobacco and the addictive qualities of nicotine. c. Conducting activities in furtherance of the conspiracy in secret, including clan destine meetings, using tobacco company attorneys to secure documents that might reveal the dangers of cigarettes and the addictive nature of nicotine, closing down research projects and moving research and information facili ties outside the United States. d. Requiring employees to keep secret all information about the dangers of cigarette smoking and the addictive nature of nicotine under threats of severe legal consequences. E. Tolling Of Applicable Statutes Of Limitation. 79. Any applicable statutes of limitation have been tolled by Defendants affirmative and intentional acts of fraudulent concealment, suppression, and denial of the facts as alleged above. Plaintiffs are informed and believe that such acts of fraudulent concealment included intentionally
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covering up and refusing to disclose internal documents, suppressing and subverting medical and scientific research, and failing to disclose and suppressing information concerning the addictive properties of nicotine and Defendants manipulation of the levels of nicotine in their Tobacco products to addict consumers. Through such acts of fraudulent concealment. Defendants have successfully concealed from the public the truth about the addictive nature of tobacco and their manipulation of nicotine levels in their Tobacco products, thereby tolling the running of any applicable statues of limitation. Plaintiffs and members of the general public could not reasonably have discovered the true facts until very recently the truth having been fraudulently and knowingly concealed by Defendants for years. 80. In the alternative, Defendants are estopped from relying on any statutes of limitation because of their fraudulent concealment of the addictive nature of nicotine and their manipulation of nicotine levels and big-availability of nicotine in their Tobacco products. Defendants were under a duty to disclose their manipulation of nicotine levels and bio-availability of nicotine in their Tobacco products because this is nonpublic information over which Defendants had exclusive control because Defendants knew that this information was not available to Plaintiffs or the general public and because this information was crucial to the consuming public in making their purchasing decisions. As a result of this concealment, members of the general public were deprived of informed consent regarding their ingestion of an addictive drug and were deprived of any choice on which to make a risk/benefit assessment. 81. Until shortly before the filing of the Complaint in this action, Plaintiffs, David McLean, and the general public had no knowledge that Defendants were engaged in the wrongdoing alleged herein. Because of the fraudulent and active concealment of the wrongdoing by Defendants, including deliberate effortswhich continue to this day, to give Plaintiffs, David McLean, and members of the general public the materially false impression that nicotine is not addictive and that Defendants are not manipulating the nicotine levels of their Tobacco products, Plaintiffs, David McLean, and members of the general public could not reasonably have discovered the wrongdoing at any time prior to this time. Defendants have attempted and are continuing their attempts to keep such internal information from reaching the public. Indeed Defendants still refuse to admit that nicotine is addictive and that they have manipulated the levels of nicotine in their Tobacco products. DAMAGES 82. This action is brought by LILO MCLEAN, the loving wife of David McLean, and MARK HUTH, the son of David McLean, pursuant to the Survival Statute of the State of Texas, Texas Civil Practice & Remedies Code Sec. 71.021, and the Texas Wrongful Death Act, Texas Civil Practice & Remedies Code Sec. 71.001, et seq., for all damages recoverable under those Acts. Specifically, Plaintiffs allege that they are entitled to the following elements of damages, in the past and future, due to the unfortunate and unnecessary death of their husband and father:
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A. Pecuniary damages for the loss of care, maintenance, support, advise, counsel, and f inancial contribution and support that David McLean would have provided during his lifetime had he lived; B. The loss of affection, comfort, companionship, society, emotional support, love, and affection that David McLean would have provided his wife during his lifetime had he lived; C. Mental anguish and pain and suffering and in which all reasonable probability Plaintiffs will continue to suffer in the future as a result of the death of their husband and father, David McLean; D. The mental anguish and conscious pain and suffering endured by David McLean prior to his death; E. The reasonable funeral and burial expenses because of the death of David McLean; and F. Loss of inheritance.
FIRST CAUSE OF ACTION

(Fraud and Deceit) 83. Plaintiffs hereby incorporate by reference the allegations contained in paragraphs 1 through 82 of this complaint, as though fully set forth herein. 84. At all times during the course of dealing between Defendants and David McLean, through advertising and representations in the mass media and by other communications, Defendants have falsely and fraudulently represented that nicotine is not addictive. Moreover, Defendants have continually stated that they do not manipulate nicotine levels in their Tobacco Products so as to addict consumers. Additionally, Defendants falsely and fraudulently represented to David McLean that their tobacco products were not harmful to the health of cigarette smokers. 85. In representations to David McLean, Defendants uniformly omitted the following material: nicotine is addictive; Defendants manipulate nicotine levels in their tobacco products so as to addict consumers; and smoking cigarettes causes adverse health consequences. 86. Defendants were under a duty to disclose to David McLean the addictive nature of nicotine, Defendants manipulation of the nicotine levels in Defendants cigarettes, Defendants intention to addict David McLean, and the adverse health effects of cigarettes. Defendants had sole access to material facts concerning the addictive nature of nicotine, Defendants manipulation of the nicotine levels in Defendants cigarettes, Defendants intention to addict David McLean, and the adverse health effects of cigarettes. Defendants know that, prior to David McLeans addiction to nicotine, David McLean could not reasonably have discovered the addictive nature of nicotine, Defendants manipulation of the nicotine levels in Defendants cigarettes, Defendants intention to addict David McLean, and the adverse health effects of cigarettes. In addition, Defendants actively concealed the addictive nature of nicotine, Defendants manipulation of the nicotine levels in Defendants cigarettes, Defendants intention to addict David McLean, and the adverse health effects of cigarettes.
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87. The representations were false when made and known by Defendants to be false or were made with reckless indifference to the truth of the statements. In fact, cigarettes were known to Defendants to be harmful, nicotine was known to Defendants to be addictive, the level of nicotine in Defendants cigarettes was known to be manipulated by Defendants, and the intent to addict or maintain addiction of David McLean was know to-Defendants. 88. These misrepresentations and omissions were made deliberately, willfully, and maliciously to mislead David McLean and other smokers into reliance and action thereon, and to cause David McLean to purchase Defendants tobacco products. 89. David McLean had no way to determine that the representations were false and misleading, and that they included material omissions, and David McLean reasonably relied on Defendants representations. 90. By reason of his reliance on Defendants misrepresentations and omissions and his subsequent addiction, David McLean sustained personal injuries and died from lung cancer. 91. Defendants knew or acted with reckless indifference to the fact that nicotine was addictive, Defendants manipulated the amount of nicotine levels in tobacco products, and Defendants intended to addict David McLean and other cigarette smokers but refrained from disclosing the facts to cigarette smokers, for the purpose of inducing them to purchase tobacco products, thus causing personal injury and death to David McLean and thus causing damages to Plaintiffs. 92. In addition to either having actual knowledge or a reckless indifference to the true facts, the conduct of the Defendants amounted to a willful refusal to know or to learn. 93. Defendants are liable for punitive damage for their reckless or wanton or willful disregard for the publics safety in the manipulation of nicotine, a toxic and hazardous substance, in their cigarettes and their concealment and denial of nicotines addictive properties and the adverse health effects of smoking, all done to maximize sales and profit at the expense of the publics health and safety. Defendants willful and wanton conduct constitutes malice, oppression, fraud, and a conscious indifference to the right and safety of others, and thereby warrants the imposition of punitive and exemplary damages against Defendants.
SECOND CAUSE OF ACTION

(Negligent Misrepresentation) 94. Plaintiffs re-allege, as if fully set forth, each and every allegation contained in paragraphs 1 through 93 above, and further allege. 95. By reason of their knowledge and expertise regarding the addictive nature of nicotine, manipulation of the amount of nicotine in tobacco products, intent to addict, their research into the adverse health effects of their products, and by reason of their statements to consumers in advertisements and other communications, at all times relevant hereto, Defendants owed David McLean and the tobacco consuming public a duty of care which required, among other things, that Defendants be truthful and accurate in their representations concerning their tobacco products.
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96. Defendants breached their duty of care to David McLean by negligently making the material misrepresentations alleged herein, thus causing David McLean personal injuries and death. 97. David McLean reasonably relied on Defendants representations, when in fact those representations constituted negligent misrepresentations. 98. Such reliance was not only foreseeable by Defendants but also intended by them, and such reliance was reasonable.
THIRD CAUSE OF ACTION

(Misrepresentation to Consumers) 99. Plaintiffs re-allege, as if fully set forth, each and every factual allegation contained in paragraphs 1 through 98 hereof, and further allege. 100. Defendants have engaged in the business of selling cigarettes and other tobacco products to consumers in the United States and in Texas. 101. Defendants advertisements and promotional statements made material misrepresentations to the public, including representations that their products were not addictive, that they did not manipulate the nicotine levels in tobacco products, that they did not intend to addict Decedent and the cigarette consuming public, and that there were no adverse health effects arising from the use of their products. 102. David McLean reasonably relied on Defendants misrepresentations of material fact concerning the character and quality of Defendants tobacco products. 103. Such reliance was not only foreseeable by Defendants but also intended by them, and such reliance was reasonable.
FOURTH CAUSE OF ACTION

(Breach of Express Warranty) 104. Plaintiffs re-allege, as if fully set forth, each and every factual allegation contained in paragraphs 1 through 103 hereof, and further allege. 105. Defendants advertisements and promotional statements contained broad claims amounting to a warranty that their products were not addictive, that they did not manipulate the nicotine levels in tobacco products, and they did not intend to addict David McLean and the cigarette consuming public, and that there were no adverse health effects arising from the use of their products. 106. Defendants breached their warranties by offering for sale, and selling as non-addictive, tobacco products that were addictive and contained levels of nicotine manipulated to make them addicted. 107. This breach of the express warranties has caused David McLean to become addicted to Defendants tobacco products and to suffer adverse health effects arising from the use of the product, thus causing David McLean personal injuries and death.
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How to Quit Smoking Without Willpower or Struggle FIFTH CAUSE OF ACTION

(Breach of Implied Warranty) 108. Plaintiffs re-allege, as if fully set forth, each and every factual allegation contained in paragraphs 1 through 107 hereof, and further allege. 109. Defendants impliedly warranted that their tobacco products, which they designed, manufactured, marketed, and sold to David McLean, were merchantable and fit and safe for ordinary use. 110. Defendants tobacco products purchased and consumed by David McLean were addictive, unmerchantable, and unfit for use when sold, and subjected these persons to addiction and/or adverse health effects. Therefore, Defendants breached the implied warranty of merchantability at the time the tobacco products were sold to David McLean in that the tobacco products were not fit for their ordinary purposes. 111. As a direct and proximate result of the breach of the implied warranty of merchantability by the Defendants, David McLean was addicted to Defendants tobacco products and has suffered adverse health effects, including death, causing decedent and Plaintiffs to incur damages.
PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for relief and judgment against the Defendants, jointly and severally, as follows: 1. for general damages according to proof; 2. for all medical and incidental expenses according to proof; 3. for punitive and exemplary damages in an amount sufficient to punish and deter others from similar wrongdoing; 4. for funeral and burial costs; 5. for costs of suit herein incurred; 6. for pre-judgment interest as allowed by law; and 7. for such other and further relief as the Court may deem proper. Respectfully submitted,
HOWARTH & SMITH

DON HOWARTH (Calif. Bar No. 53783) SUZELLE M. SMITH (Calif. Bar No. 113992) RANDALL BOESE (Calif. Bar No. 179712) 700 South Flower Street Suite 2900 Los Angeles, California 90017-4216 (213) 955-9400
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BALDWIN & BALDWIN SCOTT BALDWIN JACK BROWN BALDWIN P.O. Drawer 1349 Marshall, Texan 75671 (903) 935-4131 By: /s/ Scott Baldwin Don Howarth - Attorney-in-Charge Attorneys for Plaintiffs LILO MCLEAN and MARK HUTH
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How To Quit Smoking Without Will Power or Struggle - Mark Whalen

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How To Quit Smoking Without Will Power or Struggle - Mark Whalen

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Mark Whalen

How to Quit Smoking Without Willpower or Struggle

Copyright 2000 Mark Whalen All rights reserved

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How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

Cigarettes are more addictive addictive than heroin or cocaine.

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How do you think your lungs compare?

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

MARLBORO MANS WIDOW SUES PHILIP MORRIS

COMPLAINT FOR PERSONAL INJURIES AND WRONGFUL DEATH

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

The Tobacco Companies Understanding of Nicotine Addiction.

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

The Waxman Hearings.

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle

How to Quit Smoking Without Willpower or Struggle