BrandMerit

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Brand Merit

Cigarettes M

The Estate alleges that Merit brand cigarettes manufactured and sold by Philip Morris after February 1990, were defectively designed and dangerous beyond the reasonable expectations of ordinary consumers because of the following: 1. The cigarettes contained added ammonia which increased the effects of nicotine;

2. The cigarettes or their smoke contained altered pH which increased the effects of nicotine; and

3. "Low tar" cigarettes were sold as a less harmful alternative to regular cigarettes. The second claim is called Negligence. In this claim, the Estate alleges that Philip Morris acted in an unreasonable manner in manufacturing and selling Merit brand cigarettes in the following ways:

1. In avoiding testing of tobacco, tobacco, tobacco smoke, and cigarettes in a way that would be likely to show the relationship between human disease and smoking in order to allow Philip Morris to claim ignorance of the relationship between human disease and smoking;

2. I processing, controlling and manipulating the contents and proportions of various substances in cigarettes in such a way as to continue and or enhance the addictive effects of those products on users, specifically by:

(a) Adding ammonia to increase the effects of nicotine;

(b) Altering the pH of cigarettes or cigarette smoke so as to increase the effects of nicotine; and

(c) Controlling and manipulating the amount in its cigarettes in such a way as to maintain the physical dependence of Michelle Schwarz and other smokers on its cigarettes.

3. In selling and distributing cigarettes which it knew or should have known contained poisonous and carcinogenic substances capable of causing and likely to cause numerous serious and fatal injuries and diseases, including but not limited to cancer of the lungs;

4. In selling and distributing products which it knew or should have known contained addictive substances capable of and likely to induce addiction when used in a foreseeable manner;

5. In failing to manufacture and sell cigarettes without the characteristics described above although it was capable of doing so, thus depriving Michelle Schwarz of the opportunity to smoke a safer cigarette; and

6. In selling so-called low tar cigarettes as a safer cigarette and as an alternative to quitting.