Hearn v. R.J. Reynolds Tobacco Co.
United States District Court for the District of Arizona
279 F. Supp. 2d 1096 (2003)
Winona Hearn began smoking at age 16 in 1950, nearly two decades before the Federal Cigarette Labeling and Advertising Act required warning labels in 1969. She continued smoking after the Act passed because she was already addicted, and in 2000 she was diagnosed with, and died from, lung cancer. Her husband and daughter (plaintiffs) sued R.J. Reynolds and two other manufacturers (defendants) for products liability, alleging she didn't know the dangers of smoking when she started and that the cigarettes were unreasonably dangerous, particularly given their addictive qualities. The defendants moved to dismiss, arguing the dangers of cigarettes were common knowledge as a matter of law.
Whether a products-liability claim regarding cigarettes should be dismissed on the theory that the dangers of smoking are common knowledge, without further factual development of the plaintiff's specific allegations about addiction and lack of knowledge.