Trial Magazine

Tobacco

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Fraud By Misrepresentation and Omission

August/September 2019

Rita Mahfuz began smoking as a teenager. By the time she married, she smoked a pack a day, a habit she maintained for the next three decades. She smoked several brands during this period, including Winston, Benson & Hedges, and Virginia Slims. Mahfuz tried to quit smoking by undergoing hypnosis, using nicotine chewing gum, and going “cold turkey,” among other methods. None of these attempts worked until she was forced to quit after being diagnosed as having lung cancer and COPD. Despite treatment, including removal of her right lung, Mahfuz died at the age of 53. She is survived by her husband and two adult children.

Mahfuz’s estate brought an Engle progeny suit against R.J. Reynolds Tobacco Co. and Philip Morris USA Inc., alleging fraud by misrepresentation and omission, conspiracy, strict liability, and negligence. The plaintiff contended that Mahfuz had been deceived by the defendants’ aggressive advertising campaign, including the assertions that light brands were safer alternatives to regular cigarettes.

The jury awarded the plaintiff $37 million in damages. The award includes $15 million in punitive damages against R.J. Reynolds and $10 million in punitive damages against Philip Morris.

Citation: Mahfuz v. R.J. Reynolds Tobacco Co., No. 08-80000 (Fla. Cir. Ct. Broward Cnty. Feb. 22, 2019).

Plaintiff counsel: Steven Hammer, Jonathan Gdanski, and Brittany Chambers, all of Fort Lauderdale, Fla.