Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SUNDAY, January 1, 1995 TAG: 9501030088
SECTION: VIRGINIA PAGE: B6 EDITION: HOLIDAY
SOURCE: ASSOCIATED PRESS
DATELINE: RICHMOND LENGTH: Medium
Philip Morris filed the suit in response to a report in February on ABC's ``Day One'' newsmagazine that it and other tobacco companies spike cigarettes with extra nicotine to hook smokers.
In one ruling, Richmond Circuit Judge T.J. Markow rejected Philip Morris' effort to focus the lawsuit on how nicotine is added in the normal cigarette-making process.
The judge said the reason for adding nicotine is a key to the case.
The cigarette maker says it should win the case if it can show that it doesn't put more nicotine in a cigarette than occurs naturally in tobacco. The company contends that whether it intended to addict smokers is irrelevant if it didn't ``spike'' cigarettes in the first place.
ABC responded that restoring nicotine that could have been left out shows the gist of its account was true.
In that context, the reason for adding the nicotine is crucial, Markow said.
``Is it to make the product taste better? To assure that the customer gets what she pays for? Or, to addict the smoker so that more cigarettes are sold? Or, for some other reason?'' the judge asked.
``If the purpose is benign, Philip Morris wins. If to addict, it loses. Its motive in adding nicotine back to the reconstituted product is relevant.''
Philip Morris removes nicotine when it makes a paperlike material from the leaves and stems of tobacco plants, then restores some of the nicotine at the end of the process before shredding the material and adding it to cigarettes.
In the other ruling, Markow said ABC cannot obtain three decades of information about nicotine from the other major tobacco companies.
Although the television program was aimed at the tobacco industry in general, Philip Morris was identified specifically, Markow said.
A hearing is set for Jan. 6 on Philip Morris' effort to learn the identity of ``Deep Cough,'' the confidential source ABC cited in the broadcast. The trial is scheduled June 5.
by CNB