Second Wave: 1985-1994

172 cases were filed between 1970 and 1985, but no cases were tried.

1985 Jones-Day memo

Jones-Day Memo

In the mid-1980s, however, new lawsuits were filed and things began to change.

Industry lawyers tried to “…keep the focus of the trial on personal choice,” but their strategy expanded to making cases burdensome to pursue.

Picture of the napkin from the Napkin Deal

The infamous napkin

The California “Napkin Deal” took effect in 1988 giving law suit immunity to the tobacco industry. It wasn’t until 1998 that the California legislature, in response to revelations on cigarette design and nicotine manipulation, rescinded the Napkin Deal and opened the door to personal injury litigation against the cigarette industry, The first trial in California, Henley v Philip Morris, took place in 1999.

Cases

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