B&W Statement

British American Tobacco PLC 17 July 2000 The following announcement has been released by British American Tobacco's US subsidiary, Brown & Williamson: B&W SHOCKED AND OUTRAGED OVER PUNITIVE DAMAGE VERDICT LOUISVILLE, KY - Brown & Williamson Tobacco Corporation said that it was shocked and outraged by today's jury verdict on the punitive damage phase of the Engle class action case in Miami and that it would seek an immediate appeal of the overall trial that has lasted more than two years. 'We simply can't believe the jury would totally ignore the extensive efforts Brown & Williamson has made in the last several years to reduce youth smoking, to work on producing safer cigarettes and to be open and accessible to the public,' said Gordon Smith, lead attorney representing the company. 'In more than two years, we've been subject to a kangaroo court setting where fairness, justice and plain old common sense have been thrown out in favor of emotion and prejudice.' While the jury assessed $17.59 billion in damages against Brown & Williamson and $127.26 billion in total against the rest of the major companies in the industry, B&W noted that it will not be required to pay the award immediately, and believes it will never have to. Florida law caps the amount that companies must pay at $100 million while the appeals process is underway. The amount of the jury's verdict bears no relation to reality. The combined net worth of all the defendants is just over $15 billion. The jury completely ignored the instructions that told them they could not financially destroy the companies. Obviously, no industry in this country can pay almost 10 times their net worth. The appellate courts are bound to correct this incredible miscarriage of justice. 'As the case now moves to the appellate courts, B&W is 100 percent confident that the higher courts will reverse the Engle decisions given the numerous errors committed during the trial and the significant constitutional issues involved in this case,' he said. Smith said the points for appeal are numerous, and provided a few highlights: * Certification of the class was inappropriate. The great majority of courts have determined that certification of tobacco cases is inappropriate because the claims turn on individual issues. * The trial judge is a member of the plaintiffs' class and consistently made rulings favorable to the plaintiffs. The judge had excluded hundreds of prospective jurors from serving on this case because they were potential class members - smokers, former smokers and others. Late in the trial, it was learned that the judge was a former smoker with the type of heart disease that plaintiffs claimed is smoking related. The trial judge rejected a request by the defendants to step down. * The trial judge allowed plaintiffs' attorney to inject race into the trial by discussing, improperly, the O.J. Simpson trial, Rosa Parks and Martin Luther King, a tactic the attorney has advocated for all jury trials in a book he has written. At the same time, the judge excluded two African American witnesses B&W called to set the record straight. * The trial judge allowed the jury to establish punitive damages for an unknown class before the individual members of the class even presented their claims for compensatory damages. * The Court allowed plaintiffs to argue that cigarettes should not be legal products, despite federal and state laws that declare the advertising and sale of cigarettes to be legal. Brown & Williamson Tobacco Corporation is the nation's third largest manufacturer and marketer of tobacco products. The company's major brands include KOOL, Lucky Strike, GPC, Misty, Capri, Viceroy and Pall Mall. For more information about B&W, the Engle trial and other issues, visit www.brownandwilliamson.com. ENQUIRIES British American Tobacco Investor British American Tobacco Press Relations Office Ralph Edmondson, Denise Hart Fran Morrison, Dave Betteridge Jody Humble, Scott Hailstone +44 (0) 20 7845 1180 / 1191 +44 (0) 20 7845 2888
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