Joe Battaglia claimed 'mild' label on smokes was deceptive
Jump to full article: Canadian Press, 2001-06-06
Intro: Joe Battaglia has lost his small-claims court case against Imperial Tobacco. An Ontario smoker who got heart disease despite switching to ''mild'' cigarettes was unsuccessful Tuesday in claiming damages from Canada's largest tobacco company.
A small-claims court judge ruled 59-year-old Joe Battaglia had only himself to blame for his smoking habit, and failed to find Imperial Tobacco responsible.
''The plaintiff is the only one who has control over how he smokes,'' Justice Pamela Thomson said in her decision. ''The only thing he could have done was quit.''
Battaglia had alleged that the Matinee Extra Mild cigarettes he smoked for six years, after smoking ''stronger'' brands for decades, were secretly designed to deliver more nicotine and toxins than the packages indicated. . .
In her decision, Thomson said that while the levels printed on packages are misleading, only a smoker can control how much nicotine and tar is inhaled.
She said Imperial Tobacco didn't have a duty to warn Battaglia the package levels weren't a reflection of what he was inhaling.
''Knowing that these numbers are non-human doesn't help the plaintiff make a better choice,'' Thomson said.
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Quotes from this article:
The plaintiff is the only one who has control over how he smokes. . . The only thing he could have done was quit.
Canadian small claims court Justice Pamela Thomson said in her decision exonerating Imperial Tobacco in the Battaglia case. <I>Smoker loses court fight against cigarette giant</I>
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