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10) Sufficient evidence was presented that a tobacco company's act of manufacturing or selling defective or unreasonably dangerous cigarettes was tantamount to intentional wrongdoing where the evidence demonstrated that the tobacco company: had an active process of creating controversy regarding the health risks of smoking; planned to dispute every Surgeon General's Report, regardless of its basis; had policies of preventing harmful information from becoming available to the public; and established procedures to ensure negative information did not reach the public. Majority Opinion in the Smith appeal.
[Brown & Williamson] had an active process of creating controversy regarding the health risks of smoking and planned to dispute every surgeon general's report, regardless of what it was based upon. Further, B&W had policies of preventing harmful information from becoming available to the public and established procedures to ensure negative information did not reach the public.Missouri Court of Appeals Judge Robert G. Ulrich, in the majority opinion in the Smith case.