Brazilian State Files Tobacco Suit (fwd)

[Robert Weissman <rob@essential.org>]

Brazilian State Files Tobacco Suit
by Meg Richards/Associated Press Writer
Source: AP, Monday, 10/18/99

MIAMI –– The Brazilian state of Goias filed a lawsuit Monday against more
than a dozen U.S. tobacco companies, seeking billions of dollars on behalf
of sick smokers.

The lawsuit, filed in Miami-Dade County Circuit Court, alleges the tobacco
companies concealed the dangers of smoking and the addictive nature of
nicotine. It names 20 defendants, including Philip Morris Inc. and R.J.
Reynolds Tobacco Co.

Steven C. Marks, attorney for Goias, said discussions with Philip Morris
representatives had been "a miserable failure, and they have left us with
no choice but to proceed with litigation."

A number of Latin American nations have filed lawsuits in U.S. courts
against the tobacco industry. In May 1998, Guatemala became the first
country to sue U.S. cigarette makers. Bolivia, Nicaragua and Panama have
since followed.

In January, Venezuela sued to recover billions for treating sick smokers.
Marks also represents Venezuela in that suit.

The Brazilian state of Rio initiated a suit in July, now pending in a
Texas court. Last year, Brazil's Health Minister Jose Serra met with U.S.
lawyers to discuss a possible lawsuit filed by Brazil's federal
government, but no action has been announced.

Timothy Lindon, associate general counsel for Philip Morris, said he could
not comment on the specifics of the Goias case because his company has not
been served with the complaint.

"If this is a copycat of the Rio suit, then we think it ignores many
significant rulings over the past two years of the appellate courts,"
Lindon said.

Those rulings, Lindon said, have found that third party claims should be
dismissed on grounds of remoteness or lack of direct injury.

Alan Glueck, another lawyer for Goias, said the case was filed in Miami
because it is considered the gateway to Latin America. Additionally, one
of the defendants, the Brooke Group, Ltd., Inc., is based in Miami.