The DOJ's accusations are a travesty concocted by malice-ridden, subhuman baboons, who believe in magic and think it's science, and think they are entitled to persecute infidels and suppress science in its own name.
"An agreement between two or more persons to do an unlawful act or
an act which may become by the combination injurious to others.
Formerly this offence was much more circumscribed in its meaning than
it is now. Lord Coke describes it as 'a consultation or agreement
between two or more to appeal or indict an innocent person falsely and
maliciously, whom accordingly they cause to be indicted or appealed and
afterwards the party is acquitted by the verdict of twelve men.'
"The crime of conspiracy, according to its modern interpretation,
may be of two kinds, namely, conspiracies against the public, or such
as endanger the public health, violate public morals, insult public
justice, destroy the public peace, or affect public trade or business.
(The Legal Definition Of Conspiracy. From Diane Harvey email@example.com
3-12-1.) In their forty-plus year persecution of smokers, the
anti-smoking movement is uquestionably GUILTY
of acts of this nature.
United States v. Philip Morris, 99-cv-02496(D.D.C.). U.S. Department of Justice Post-Trial Legal Brief, Aug. 24, 2005.Post-Trial Legal Brief, Aug. 24, 2005 / U.S. Department of Justice (pdf, 301 pp)
"...Defendants devised an extensive scheme to defraud the public of money, that they have executed this scheme for more than 50 years, and that this scheme continues to this day, with devastating consequences for the health of the American public..."
[This is fully supported by the incontestable control which the Lasker Lobby and its accomplices have held over the U.S. health establishment, beginning with their very inception in the 1930s; and by the documented evidence of their suppression of research and deliberate use of defective studies to falsely blame smoking (and other lifestyle targets of their health fascist crusade) for diseases that are actually caused by infection. Furthermore, they targeted the tobacco companies and others for takeover, so that when they were sued by the health fascists, they'd settle after only a token "fight" for the sake of appearances.]
18 U.S.C. § 1962(c). The United States proves this violation by establishing each of the following elements:
"...All the alleged predicate racketeering acts in this case involve mail or wire fraud offenses, in violation of 18 U.S.C. § 1341 or § 1343. The Mail fraud statute, 18 U.S.C. § 1341, provides in relevant part:...
[The anti-smokers' offenses go far beyond mail fraud and constitute outright subversion.]
"As established at trial and explained herein, the United States has presented overwhelming evidence [sic] that Defendants formed a RICO enterprise, comprised of a group of business entities and individuals associated-in-fact consisting of the Defendants to this action and other entities and persons, including agents and employees of the defendants."
[The primary anti-smoker defendants are the aforementioned corrupt "health charities," with business entities, the media, and politicians as their supporting cast.]
"The RICO statute provides that an 'enterprise' includes 'any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity.' 18 U.S.C. § 1961(4). The Supreme Court has held that an enterprise 'is proved by evidence of an ongoing organization, formal or informal, and by evidence that the various associates function as a continuing unit.' United States v. Turkette, 452 U.S. 576, 583 (1981). In accordance with Turkette, the Court of Appeals for the District of Columbia Circuit has consistently held that an association-in-fact 'enterprise is established by (1) a common purpose among the participants, (2) organization, and (3) continuity," and that the enterprise only need 'some structure to distinguish an enterprise from a mere conspiracy.' [citations omitted] As the District of Columbia Circuit further explained: 'It is not necessary that the enterprise ... have any particular or formal structure but it must have sufficient organization that its members function and operated together in a coordinated manner in order to carry out the common purpose alleged.'
"Establishing that the members of the enterprise worked together in a coordinated manner in furtherance of a common purpose may be proven by a wide variety of direct and circumstantial evidence including, but not limited to, inferences from the members' commission of similar racketeering acts in furtherance of a shared objective, financial ties, coordination of acitvities, community of interests and objectives, interlocking nature of the schemes, and overlapping nature of the wrongful conduct. Moreover, 'it is not essential that each and every person named [as a member of the enterprise] be proven to be a part of the enterprise. The enterprise may exist even if its membership changes over time ... or if certain defendants are found by the [fact finder] not to have been members at any time.' Perholtz, 842 F.2d at 364. Likewise, it is not necessary to prove 'that every member of the enterprise participated in or knew about all its activities....'
"... Even if the enterprise alleged here were limited to a group of corporations - and it is not - every federal court of appeals that has considered the issue has held that a RICO enterprise may consist of a group of corporations or other legal entities associated-in-fact...."
"b. Defendants formed an Enterprise"
"1) Members of the Enterprise had a common purpose"
"The central shared objectives of Defendants have been to maximize their profits by acting in concert to preserve and enhance the market for cigarettes through an overarching scheme to defraud. Indeed, documents recounting the December, 1953 meeting at the Plaza Hotel attended by the presidents for Defendants Philip Morris, RJR, B&W, Lorillard, and American - a meeting called by American's president to discuss an 'industry response' to research identifying cigarette smoking as a cause of lung cancer - reported that the executives agreed to jointly
[The U.S. Department of Justice has accused the tobacco companies of supposedly forming a RICO enterprise for merely deciding to launch an insipid, feel-good advertising campaign on behalf of cigarettes. Furthermore, the financial beneficiaries of this advertising would be the media, including those who spew anti-smoking hate propaganda. Meanwhile, their anti-smoker enemies had formed a conspiracy to use the U.S. health establishment as the funding pump for fraudulent studies, and using them as fodder for deceitful propaganda about the health risks of tobacco; and also to legitimize corrupt science in the minds of the masses.]
"The United States has shown that the Defendant members of the Enterprise who were not physically present at the Plaza Hotel meeting - including Liggett, Altria (which was formed as Philip Morris Companies in 1985), BATCo, CTR (which was created as the Tobacco Industry Research Committee in the wake of that December 1953 meeting), and the Tobacco Institute (which was formed in 1958) - shared the common goals of the Enterprise and acted in furtherance of these goals..."
[The U.S. Department of Justice triumphantly proved that the Defendants "conspired" to commit insipid advertising camapaigns! What geniuses they are to uncover such an intricate, Machiavellian plot!]
"2) The Enterprise has utilized both formal and informal organization."
"The United States has also presented ample evidence that the Enterprise possessed organization. Each Defendant is a legally distinct corporation. Two Defendant members of the Enterprise -- TIRC and TI -- were jointly formed and funded by other Defendants of the Enterprise to help the industry execute the strategy devised to achieve their shared goal. TIRC/CTR served as the research sponsorship arm for the Enterprise. It sponsored and funded research that attacked scientific studies demonstrating the harmful effects of smoking cigarettes and did not address the fundamental questions regarding the adverse health effects of smoking thereby serving as an effective and elaborate public relations vehicle. Moreover, attorneys for Defendants also created a mechanism to fund 'Special Projects' through CTR - research projects conceive and directed by industry representatives, including industry lawyers, to support scientists who had shown a willingness and ability to generate information and provide testimony that could bolster the industry's litigation defenses before courts and governmental bodies."
[In fact, the TIRC was staffed with a cronies of Mary Woodard Lasker (including C.C. Little himself, who had been an activst in the birth control movement for which the Laskers provided major funding) and the American Cancer Society and its predecessor, the American Society for the Control of Cancer. These people and their organizations represented no-one but the health establishment. They used the TIRC/CTR as a milch cow for their pet projects. Furthermore, it was BECAUSE the TIRC/CTR had produced virtually nothing that was of any use in litigation that the "Special Projects" were initiated. Its studies used the same fraudulent methodology used by the anti-smokers, e.g. they ignored the role of infection as a cause of the diseases blamed on smoking, and accordingly produced similar results. Also, many of these studies were jointly funded by the National Institutes of Health, National Cancer Institute, and other organs of the establishment.]
[The U.S. Department of Justice accuses the tobacco industry of lying for merely characterizing the alleged health effects of smoking as an "open question." In fact, some of these alleged health risks are squarely refuted by the evidence (e.g., the lie that smoking causes cervical cancer) - BUT NOT BY THE TOBACCO INDUSTRY, which colluded with the anti-smokers in a conspiracy of silence not to mention cervical cancer at the Minnesota tobacco trial, and who have never at any time accused the anti-smokers of deliberately using defective studies to falsely blame smoking for diseases caused by infection as it would be proper for them to do in an defense of their position. Furthermore, the alleged health risks of smoking and secondhand smoke REMAIN an open question, because the anti-smokers are guilty of deliberately ignoring confounders whose involvement in numerous diseases and mechanisms of carcinogenesis are KNOWN - in contrast to the carefully-nurtured field of tobacco carcinogenesis, where they have still not identified any mechanism.]
"Finally, Defendants employed less formal mechanisms to organize the affairs of the Enterprise. For example, evidence shows that Defendants had an unwritten agreement not to compete by making explicit health-related statements in the marketing of cigarettes. Similarly, documents prepared by high-level scientists at Defendants Philip Morris and RJR describe 'Gentlemen's Agreements' among high-level executives to share any innovation that could lead to the development of an 'essentially 'safe' cigarette' and not to use intact animals in-house in biomedical research."
[In fact, various 'Gentlemen's Agreements' broke down a number of times, with no consequence to the instigators. Furthermore, the tobacco industry's avoidance of health-related claims in advertising is a reaction to the threat of litigation by the anti-smokers.]
"3) The Enterprise has functioned as a continuous unit"
"The evidence also convincingly demonstrates that the Enterprise has functioned as a continuous unit from December 1953, when the executives of five Defendants (Philip Morris, RJR, B&W, Lorillard and American) agreed to launch their long-term public relations campaign as announced in their Frank Statement to Smokers.... A wealth of evidence shows that for five decades, Defendants communicated directly with one another on matters relevant to the aims of the Enterprise, but also created, supported, and controlled a web of organizations, committees and other bodies that facilitated coordinated behavior. For example, TIRC/CTR, which was created in 1954, existed through 1998, and the Tobacco Institute, which was created in 1958, existed through 2000. Likewise, jointly created and funded CIAR, which was created in 1988, existed through 1999. In addition, Defendants' participation in various other ogranization [sic], including several international organizations, continued for years...."
[The evidence clearly shows that the Lasker Lobby has been in
complete control of the nation's health establishment for more than six
decades. The Albert and Mary Lasker Foundation, created in 1942,
continues in existence today. Its unregistered lobbying arm,
Research!America, is responsible for
doubling the budget of the
National Institutes of Health between 1998 and 2003. Mary Woodard
Lasker was the perpetual head of the American
Cancer Society, the most
powerful of the health nonprofits, and had a leading influence on the American Heart
Association, American Lung Association, and American
Public Health Association as well. She and her well-connected cronies
created swarms of organizations, both ephemeral and enduring, including
the Institutes in the National Institutes of Health, along with
lobbying groups to press for funding for each. The Lasker Lobby was so
powerful that they wrote the National Cancer Act
of 1971 to suit
themselves, against the wishes of most of the scientific personnel. The
American Cancer Society operates foreign puppets through the
International Union for the Control of Cancer (UICC),
founded in 1933
by the predecessor of the ACS, the American Society for the Control of
Cancer. Mary Lasker's nephew and a number of her old cronies continue
as life members of the ACS, and a lawsuit revealed Roz Diane Lasker as a prime influence behind
"Hillary Clinton's healthcare plan."
For the requirement that the supposed "RICO Enterprise" engaged in interstate commerce, the Department of Justice asserts that "[D]uring the period 1954 to 1998, Defendants CTR and TI (Beginning in 1958) each received over $500 million in funding in interstate commerce via the interstate banking system from various Cigarette Company Defendants located in different states from CTR and TI... Moreover, during that time period CTR funded millions of dollars of research projects in interstate commerce, which were conducted by researchers and institutions in various states and countries, and the results were published in various periodicals and other venues throughout the United States and in foreign countries... Similarly, TI issued numerous press releases and funded numerous public relations advertisements which were disseminated in interstate commerce throughout the United States in various newspapers, magazines, periodicals and other venues."
[Simply insert the names of the Lasker Lobby in place of the tobacco industry here, and also in "3. Each Defendant Was Distinct From and Associated With the Enterprise" on page 44.
"b. Each Defendant is associated with the RICO Enterprise"
"Section 1962(c) of RICO requires proof that each defendant was 'employed by or associated with' the alleged enterprise. It is well-settled that to prove a defendant's association with an association-in-fact enterprise, it is not necessary to prove that the defendant had a formal position in the enterprise, participated in all the activities of the enterprise, 'or had full knowledge of all the details of' its activities, or knew about the participation of all the other members in the enterprise; rather, it is sufficient that the defendant 'knew the general nature of the enterprise and that the enterprise extends beyond his individual role.' United States v. Rastelli, 870 F.2d 822,828 (2d Cir. 1989) (collecting cases)."
"Furthermore, courts have taken a flexible approach regarding the evidence sufficient to prove that the defendant was 'associated with' the enterprise. For example, in Perholtz, 842 F.2d at 351 n.12, the RICO enterprise consisted of ten corporations and partnerships and seven individuals associated-in-fact to obtain government contracts through bribery and fraud. The D.C. Circuit found that the defendants were 'associated with' the enterprise, stating: 'The individual defendants joined with each other and formed the corporations to further their common objectives. This relationship of individuals and corporations is precisely what Section 1962(c) was designed to attack.' Perholtz, 842 F.2d at 354.'"
[This should obviously be applied to the EPA ETS report. EPA scientists who reviewed the report rejected its classification of ETS as a Group A carcinogen. It was written via illegal pass-through contracts to a front man for the real author, an anti-smoking fnanatic who was a longtime consultant to the American Lung Association. Upon the board of directors of the company that handled those pass-throughs, ICF, was Frederic V. Malek, a crony of President George H.W. Bush who put his son, George W. Bush, on the board of directors of Caterair in return for "certain favors" which involved FAA regulations and the airline industry. Malek is also a suspect in the Northwest Airlines smoking ban, as the leader of a group which purchased the failing airline after the ban was instituted. His wife, Marlene, was a member of the National Cancer Advisory Board from 1991 to 1996.]
"Moreover, '[a] defendant is considered to have 'associated with' a RICO enterprise if he either engages in the predicate act violations with other members of the enterprise, even if he is not an actual 'insider' of the enterprise,' Blue Cross & Blue Shield of NJ, Inc. v. Philip Morris Inc., 113 F. Supp. 2d 345, 366 (E.D.N.Y. 2000), or otherwise commits racketeering acts in the conduct of the enterprise's affairs. Beyond this, a defendant 'associates with' an enterprise when he conducts business with or through the enterprise, or otherwise has an effect on its activities, including its unlawful activities. United States v. Mokol, 957 F. 2d 1410, 1417 (7th Cir. 1992)."
[This should be applied to Blue Cross Blue Shield of Minnesota, in its joint action with the attorney general in the Minnesota tobacco lawsuit. The fraudulent claim that smoking causes ulcers, which are actually caused by Helicobacter pylori infection, and of the purported costs of hospitalization for supposed smoking-related ulcers (which are completely unnecessary when the infection is treated), were dwelled upon at length, and without refutation by the tobacco industry.]
"4) Each defendant participated in the affairs of the Enterprise"
"Each defendant had some part in directing the affairs of the Enterprise by coordinating and causing the public dissemination of false, misleading, or deceptive statements -- through the Tobacco Institute and on their own accord -- regarding the links between smoking cigarettes and adverse health effects and addictiveness and by the commission of related racketeering acts, all in furtherance of the primary, shared objective of the Enterprise."
[This is directly applicable to the activities of the Lasker Lobby. Just put their names in place of the tobacco companies' names, with the American Cancer Society and Mary Woodard Lasker as the controlling authorities, and cite the relevant propaganda.]
"Defendants Knowingly Devised a Scheme to Defraud by Means of Material False or Fraudulent Representations, Pretenses and Promises"
"[footnote] 13 In addition, each Defendant endeavored to conceal or suppress information and or documents and/or to destroy records which may have been detrimental to the interests of the members of the Enterprise, including information which could be discoverable in tobacco and health related liability cases against Defendants or in congressional and other governmental proceedings, and evidence of the link between smoking cigarettes and adverse health consequences and addictiveness."
[The Lasker Lobby has never been sued by victims who have suffered needlessly due, for example, to their suppression of antibiotic therapy for ulcers. It is simply accepted by a docile, passive public and equally docile, passive attorneys that the health authorities are entitled to get away with things like that. Nor have they ever been questioned by Congress about their deliberate use of defective studies to falsely blame smoking, or about the studies they have concealed which decisively exonerate smoking (for example, the enormous, gold srandard study by the National Institute of Neurological Diseases and Stroke showing that defective studies blamed smoking for perinatal illnesses caused by chorioamnionitis; and the study by Phillips & Smith showing that their claim that smoking caused cervical cancer was based on residual confounding). Congress is their lapdog, and every hearing is a friendly hearing, in which they are permitted to lie with impunity.]
"When reviewing the evidence of the establishment and conduct of the affairs of the Enterprise, as well as the massive scheme to defraud that the Enterprise carried out, this Court will make factual findings based upon the record as a whole. The Court, having received almost nine months of live testimony, had many opportunities to observe the demeanor of wirnesses, and as defendants recognize, may make credibility findings based upon these observations. Indeed, under Federal Rule of Civil Proceedure 52(a), following a bench trial, the district court's '[f]indings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses."
[The type of testimony used by the U.S. D.O.J. included Timothy Wyant, PhD, whose role is best descrbed as Jonathan M. Samet's data entry clerk and mouthpiece, who concocted a fraudulent smoking cost estimate based upon pretending that non-smokers' costs don't exist, as well as blaming smoking for diseases caused by infection. Wyant/Samet claimed that his estimates did not include passive smoking deaths, but was questioned at length in order to showcase these fraudulent claims.]Timothy Wyant / U.S. Department of Justice (pdf, 176pp)
"a. Defendants executed a scheme to defraud with devastating impact on the health of the American people."
"The totality of the evidence proving Defendants' scheme to defraud demonstrates its sheer pervasiveness and the compelling need for a comprehensive remedial order to prevent and restrain future wrongful conduct. As established at trial and explained below, the pursuit of primary and other shared objectives permeated Defendants' public relations, research, cigarette design and marketing related to seven primary areas that constitute the pillars of Defendants' overarching scheme to defraud: (1) adverse health effects; (2) the myth of independent research; (3) addiction; (4) manipulation of the nicotine content of cigarettes; (5) light and low tar cigarettes; (6) youth marketing; and (7) supression of information."
[For the last six decades, the Lasker Lobby has had a virtual monopoly of not only the U.S. health establishment; but also, through its extensive connections in the U.S. government (including not just Congress and the President and the Department of Health and Human Services, but also to the State Department and even the Central Intelligence Agency, beginning with William J. Donovan on the board of directors of the Lasker Foundation), virtually the entire world health establishment has been monopolized by these conspirators. The Lasker Lobby has controlled the money and the power and who gets it, and their control extended also to the TIRC and CTR. The Lasker Lobby suppressed research on the role of infection in so-called chronic illnesses such as heart disease and cancer, and deliberately used defective studies which ignore infection to falsely blame these diseases on tobacco and other lifestyle targets. As part of their racketeering strategy, to help ensure that there would be no funding for opposition to their conspiracy against tobacco, the Lasker Lobby took control of the boards of directors of the tobacco companies, beginning at least with Mary Woodard Lasker's stepson, Edward Lasker, on the board of directors of Philip Morris in 1960. Albert D. Lasker himself was a friend of George Washington Hill, the president of the American Tobacco Company, and he was in charge of American Tobacco's advertising, which makes him responsible for the old advertising claims that the anti-smokers wax indignant about!]
"1) The adverse health effects of cigarette smoking"
"Defendants' joint efforts to deny and distort the health effects of cigarette smoking emerged from the series of Plaza Hotel meetings that took place in December 1953, as discussed above. Following the meetings, Defendants embarked on a decades-long, multifaceted public relations campaign, seeking to protect their profits by peddling doubt and providing what they described as a "psychological crutch" to smokers and potential smokers, including teenagers. Defendants do not deny making the extraordinary number of public statements - statements that denied or questioned smoking's harms; attacked legitimate scientific investigation; continually called for more research; and repeatedly promised to find answers through disinterested research, claiming years after questions of causation were resolved that the tobacco industry was committed to determining whether smoking was a cause of disease. The evidence of Defendants' five decades of public statements concerning disease issues is undisputed."[The tobacco industry is being accused of wrongdoing for the mere expresion of minor doubts about the health claims of the Lasker Lobby. In fact, there are plenty of weighty and significant doubts which could have been expressed - but the tobacco industry didn't express them! Foremost among these is the flagrant manner in which the Lasker Lobby has ignored the role of infectious agents which are known to be involved in the diseases blamed on smoking, and whose mechanisms of pathogenesis are known - in contrast to smoking, in which mechanisms of carcinogenesis and other alleged harms are still not identified. The Lasker Lobby is also guilty of using their control over the nation's health establishment to deny funding to research on the role of infection in chronic diseases.]
"Similarly, at trial Defendants did not dispute that smoking is a cause of significant disease and death, and evidence demonstrates the extent of suffering by smokers and former smokers. Cigarette smoking and exposure to secondhand smoke kills 440,000 Americans every year, or more than 1,200 every single day. The annual number of deaths due to cigarette smoking is substantially greater than the combimned annual number of deaths due to illegal drug use, alcohol consumption, automobile accidents, fires, homicides, suicides, and AIDS. Approximately one out of every five deaths that occur in the United States is caused by cigarette smoking. US FF § IIIA.(1)(a)."
[The purported death toll from smoking has been manufactured by deliberately using defective studies that ignore infection, in order to falsely attribute risks to smoking and then apportion those supposed deaths among deaths in the entire population. In fact, infection is the definite cause at least 12.5% of cancer deaths alone in the United States, with a higher percentage among smokers for socioeconomic reasons. This doesn't include uninvestigated major causes such as lung cancer. Nor does it include any deaths from cardiovascular disease, which are the leading cause of death among both smokers and non-smokers.]
"Instead of questioning whether smoking is established as a cause of disease, Defendants suggested through cross-examination that a genuine controversy existed concerning whether smoking was a cause of lung cancer through at least the 1950s and early 1960s. The cross-examination failed for at least four primary reasons:..."Page 62
"That public position and Defendants' efforts to deny and distort the scientific evidence of smoking's harms as evidenced not only in decades of press releases, reports, booklets, newsletters, television and radio appearances, and scientific symposia and publications, but in evidence of concerted, multifaceted public relations strategies designed to counter mainstream scientific publications such as Surgeon General's Reports. The intense public relations activity - consisting of numerous false statements - both before and after the publication of the 1964 Report is one example... Following the 1964 Report, a February 26, 1962 Tobacco Institute press release asserted that the 1972 Surgeon General's Report 'insults the scientific community' and that the Report was 'another example of 'press conference science' - an absolute masterpiece of bureaucratic obfuscation.' The press release also asserted that 'the number one health problem is not cigarette smoking, but is the extent to which public health officials may knowingly mislead the American public.'"
[The Defendants' press releases, reports, booklets, etc., were mere
window-dressing. They weren't really putting up a fight.
And despite this supposed public relations blizzard, ordinary people
wondered why the tobacco industry wasn't fighting. However, their
statement that "the number one health problem... is the extent to which
public health officials may knowingly mislead the public" definitely is
TRUE. The charlatan Surgeon General is flagrantly guilty of scientific
fraud for ignoring more than 50 studies, which show that human
papillomaviruses cause over ten times more lung cancers than they
pretend are caused by secondhand smoke. Passive smokers are more likely
to have been exposed to this virus, so their fraudulent studies, which
are all based on nothing but lifestyle questionnaires, have been
cynically DESIGNED to falsely blame passive smoking for all those extra
lung cancers that are really caused by HPV! This is how the U.S.
Government's passive smoking scam operates!]
Our enemies like to try to discourage us from seeking justice by pretending that we must prove that the anti-smokers all met together simultaneously to plot and scheme against us, and deliberately coordinate their actions. Perhaps they expect a convenient membership list like that of Skull & Bones! But this is not the definition that the anti-smokers had to meet in their state RICO lawsuits against the tobacco industry. From the Jones, Day, Reavis & Pogue Draft, Bates Number 681879254 of the Tobacco Documents: "Allegations of a civil conspiracy have been made in both the New Jersey and Texas litigation. Proof of this allegation requires plaintiffs to prove an agreement, express or tacit, among the defendants, and some act or acts committed by one or more of the defendants in furtherance of the conspiracy, which are themselves torts, or are performed in pursuit of a tortious objective. W. Prosser, The Law of Torts 292-93 (4th ed. 1971)."
If that definition is good enough for the anti-smokers, then it's good enough for us! We have genuine accusations of conspiracy, fraud, and racketeering against the anti-smoking criminals, in stark contrast to the despicable, cobbled-together collection of half-truths and outright lies in the anti-smokers' accusations against the tobacco companies.
"In strict liability warning cases, unlike negligence cases, the tobacco companies [and those of every other industry] bear the burden of proving that the scientific and medical information was not reasonably available or obtainable and that they, therefore, lacked reasonable or constructive knowledge of the defect. The tobacco companies bear this burden because they are experts, they are expected to perform testing, and they are in a superior position to know the scientific and medical evidence." (Feldman v Lederle Laboratories, Inc., 479A.2d 374 (NJ 1984).