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Family Sues Tobacco Companies for Fraud and Deceit MARSHALL, Texas--(BUSINESS WIRE)--Sept. 19, 1996--Lilo McLean, widow of the original "Marlboro Man" actor David McLean, and their son, Mark Huth, filed suit Friday, August 30 in the United States District Court, Eastern District of Texas, in the matter of McLean vs. Philip Morris, Inc. (Case No. 2-96CV167). The family seeks punitive and exemplary damages for wrongful death and personal injuries against the tobacco industry. They allege that due to David's nicotine addiction, he could not stop smoking cigarettes, which caused him to die at age 73 of lung cancer. The plaintiffs reside in Los Angeles County and are represented by Don Howarth and Suzelle M. Smith, partners with the Los Angeles, CA. law firm of Howarth Smith, who also represent the plaintiffs in the Castano class action lawsuit against the tobacco industry. Local counsel in the suit are Scott and Jack Baldwin with the Marshall, TX. law firm of Baldwin Baldwin, who are also Castano class counsel. David McLean was hired in the early 1960's to portray the "Marlboro Man" in television and print advertising for Philip Morris, Inc. He was obligated to smoke Marlboro cigarettes, smoking up to five packs per take in order to get the right look. Afterwards, he continued to receive boxes of Marlboro cigarettes as gifts from them. At age 12, David began smoking cigarettes, and was almost immediately addicted to the nicotine in tobacco; and throughout his long career of smoking, smoked primarily Marlboro and Chesterfields. Due to his nicotine addiction, he smoked cigarettes every day and was unsuccessful in his attempts to quit because of that addiction. It wasn't until 1964 that warning labels about the adverse health effects of tobacco were placed on cigarette packages and advertisements. Even those warnings said nothing about addiction. In 1985, David McLean began to suffer from emphysema due to smoking. In 1993, he was diagnosed and underwent surgery to remove a cancerous tumor on his right lung. In 1995, doctors discovered that the cancer was still present and had spread to his brain and spine. Chemotherapy and other treatments were unsuccessful and David McLean died October 12, 1995 in Los Angeles, CA. "Even the `Marlboro Man' was not immune from the effects of cigarette smoking," said Don Howarth. "What is important about this case is that David McLean is the model of what the tobacco industry has done -- hook smokers when they are young and then rely on the addictive qualities of their product to keep them enslaved. Mr. McLean's widow and son hope by this action to strike a blow for the countless others whose lives have been ravaged through the tobacco industry's aggressive campaign of fraud and deceit to conceal the truth from the public about the deadly consequences of cigarette smoking and nicotine addiction, and then to defend actions brought against them based on the fiction of `freedom of choice'." "David McLean was a captive customer and paid the ultimate price for the cover-up perpetrated on the American public," said Suzelle Smith. "This is one more example of the tobacco industry's blatant disregard for public health and safety. Nicotine addiction has reached epidemic proportions because the tobacco industry continues to peddle its products to the public, including impressionable younger people. We want the tobacco industry to be responsible for its actions and to be accountable to those lives it has injured and destroyed." Is is the McLean family's sincerest desire that through this lawsuit and other efforts the "Marlboro Man" will come to symbolize the tragedy of cigarette smoking and not its short-lived glamour.

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