Cancer from Smokeless Tobacco

Smokeless Tobacco companies have put products on the market, without warnings, that can lead to cancer and ultimately death. The first ever settlement of a case involving a man who died from mouth cancer as a result of using Skoal and Copenhagen tobacco since the age of 13. The tobacco company paid a $5,000,000 settlement in a wrongful death case brought by the family of this life-long tobacco chewer that died from mouth cancer. The case hinged on the fact that the tobacco user was addicted since he as a child which cuts against a defense argument of personal responsibility. Plus, the absence of any warning labels meant that the tobacco company couldn't defend the case by arguing that they warned the plaintiff.

What will also support a successful case against the tobacco company are the facts that there are documents from the 1980s which were sent by tobacco companies to minors showing their thanks for buying their harmful products and even went as far as offering these kids free samples and chewing tobacco paraphernalia. What will make such a case even stronger is if the tobacco user was a non-drinker, a nonsmoker because the tobacco companies will point to these factors as the cause of the cancer. It is anticipated that most of these cases will end up going to court rather than settle.

As the popularity of smokeless tobacco increases, so might the tobacco company’s potential liability. In June of 2010, the Food and Drug Administration increased the size of warning labels on smokeless products because these products are addictive and they are not safe.

If you suspect that you or a loved one who has used smokeless tobacco for a long period of time and has been diagnosed with mouth cancer, please call McAleer Law at 404-816-7374 for a free initial consultation.