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Jump to full article: Business Journal of South Florida, 2003-04-14
Author: Stephen Van Drake
Intro: Now 29, Vassallo, a Brandon high school coach, blamed tobacco companies for his disfigurement, dry mouth from radiation treatments, depression and embarrassment, according to the nation's first smokeless tobacco class action suit filed last November in Miami-Dade Circuit Court.
Vassallo and five others - representing a broad class of Florida smokeless tobacco users - alleged tobacco companies duped them into getting hooked on snuff and chewing tobacco, often called "spit tobacco."
They sued U.S. Tobacco Co. (NYSE: UST), four other smokeless tobacco makers and the Smokeless Tobacco Council on theories of negligence, product liability, breach of express and implied warranties, fraud and misrepresentation, violations of Florida's Deceptive and Unfair Trade Practices Act and civil conspiracy, according to public documents.
The tobacco companies successfully had the case moved to federal court in Miami. U.S. District Judge Donald Graham, however, may soon rule on the plaintiffs' motion to send the case back to state court, said Patrick Russell of Miami, one of Vassallo's lawyers.
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