Were Cigarettes to Blame?

Smoking is addictive and it kills. The chemicals entering the body cause a host of issues including COPD (chronic obstructive pulmonary disease) and multiple types of cancers. The effects of smoking were the center focus of a lawsuit against R. J. Reynolds, tobacco maker of Camel cigarettes.

Reinaldo Ojeda, son of Juan Ojeda, brought forth a lawsuit claiming that tobacco company, R. J. Reynolds' product was to blame for his father's premature death. Juan smoked two packs of Camel cigarettes per day. In 1991, Juan had breathing difficulties and was diagnosed with chronic obstructive pulmonary disease. In 1996, Juan was diagnosed with lung cancer and died a few months later.

Howard Acosta, Plaintiff Attorney, told the jury during his opening statement, "People don't get addicted to the gum or patch, because what makes a cigarette so addictive is that when you breathe in the nicotine in it gets up to the brain in just a few seconds." Nicotine travels past the blood-brain barrier as a freebase particle. Freebase drugs contain no salt, enabling them to affect the body quickly. Acosta continued on, stating, "The cigarette freebases some of the nicotine, and by freebasing it goes to the brain even faster. Tobacco companies know exactly how to control it... and they researched it..."

The Defense argued that addiction to cigarettes was not the legal cause of Ojeda's death. Ray Persons of King & Spalding testified. While under oath, Persons stated Reynolds was not to blame for the addictive nature of the product and they did nothing to make the product more addictive or dangerous than natural tobacco. He also stated that Camel cigarettes were no more dangerous than any other brand of cigarettes.

Persons claimed that Juan Ojeda was not addicted to cigarettes as he was able to control his smoking as he either quit smoking during his first attempt or was able to hide smoking from his friends and family. Persons further pointed out that when Ojeda began smoking in 1977, warning labels were already placed on every pack. Mr. Ojeda was aware of the potential side effects of smoking and enjoyed cigarettes for pleasure, though not without consequences.

R. J. Reynolds was the ultimate cause of Juan's COPD or lung cancer. However, at the end of the trial, R. J. Reynolds was not held accountable for Ojeda's death as he had colon cancer that spread to his lungs, liver, and brain.