Jump to full article: The Age (au), 2003-12-22
Author: Michael Pelly
Intro: The Marlboro man could soon be in the dock after a smoking addict won the right to proceed with Australia's first class action against cigarette companies.
Myriam Cauvin says Philip Morris and British American Tobacco should be forced to set up national compensation because of their gross contravention of consumer laws.
On Friday NSW Supreme Court judge Virginia Bell ruled that even though Ms Cauvin was broke, her claim was bona fide and she had an arguable case.
Justice Bell said eventually someone would start such a claim and it might as well be Ms Cauvin.
The 41-year-old from Blaxland started smoking when she was 10, seduced by advertising and some dubious homespun wisdom. . . .
Ms Cauvin is not basing her claim on negligence, but under the misleading and deceptive conduct provisions of the Trade Practices Act. This means the conduct of the companies will be the issue, not Ms Cauvin's. . . .
Ms Cauvin wants to examine every item of advertising or promotional material and every public statement made by tobacco firms since the Trade Practices Act came into existence on October 1, 1974. She also charges that Philip Morris and BAT conspired to hide the facts on the effects of smoking.
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