Cigarettes and the Law Prior to the mid-1990, tobacco companies were usually able to defend against lawsuics brought by smokers harmed from cigarettes. They did so by daiming that the smokers had assumed the risks-based on the warning printed on cigarette padages-related to smoking. In 1994, despite testimony earlier that year before Congress that smoking was not addictive, docu- ments surfaced showing that tobacco company executives actually had a great deal of informa- tion about the addictiveness of nicotine and the harm caused by smoking. Not surprisingly, in the next few years, many class action lawsuits were filed in state courts to recover damages from cigarette companies. In 1998, the leading cigarette manufacturers settled these lawsuits. Not only did they promise to pay an estimated $246 billion to the states over 25 years, but they also agreed to restrict the way they market cigarettes and make them available to the public. The cigarette companies also agreed to pay special attention to restricting young people's access to cigarettes. Some of these restrictions inside not advertising on billboards or within public transportation systems, not using cartoon characters to sell tobacco products, and not sponsoring concerts or other events at which young people will be present. In addition, the cigarette companies agreed to dedicate $300 million toward public education efforts to reduce underage tobacco use and to educate consumers about causes and prevention of dis eases associated with the use of tobacco products. Problem 20.6

A- Is it fair to the cigarette companies to subject them to liability when they had been manufac turing a legal product that contained a health notice printed on cigarette packages?

B. Should it make a difference that the product, although legal, caused great harm?

C. Should the federal government regulate such a product?

D. Should it make a difference that the compa nies withheld information about the harmful effects of their products?

E. A bartender who never smoked develops lung cancer as a result inhaling secondhand smoke during her many years of work at the bar. Should the bartender be able to recover damages against cigarette manufacturers? Explain.​