Brown & Williamson Statement

British American Tobacco PLC 5 June 2001 BROOKLYN JURY CLEARS TOBACCO INDUSTRY OF ALL FRAUD AND FEDERAL CLAIMS The following statement was released by our US subsidiary, Brown & Williamson Tobacco Corporation, in response to the jury's verdict in the Empire Blue Cross & Blue Shield trial in Brooklyn, New York. Two other Group subsidiaries were also defendants in the case. B.A.T Industries p.l.c. was dismissed earlier and British American Tobacco (Investments) Limited was held to be not liable on all counts by the jury. LOUISVILLE, KY - A Brooklyn, N.Y. jury has rejected all fraud and federal racketeering claims against the tobacco industry in a suit brought by one of the largest non-profit health insurer in the country. Empire Blue Cross & Blue Shield originally had sought billions of dollars in damages against the U.S. cigarette manufacturers. Instead, the 12-member jury only found in favour of the plaintiffs under the consumer protection act statute that is specific to New York State. The award against the industry was $17.7 million. 'We are pleased that the jury saw through these broad sweeping fraud allegations that have absolutely no merit,' said Kevin Dunne, an attorney for Brown & Williamson Tobacco Corporation. 'The one claim upheld by the jury dealt with a law specific to New York and we believe the Second Circuit Court of Appeals will erase even this one claim.' If the jury award was distributed to all of Empire Blue Cross Blue Shield's 4.1 million present subscribers, each would receive slightly more than $4. The total award is probably not even going to cover what Empire spent on the case, Brown & Williamson said. The plaintiffs claimed that the companies purposefully misled their subscribers by stating positions on smoking and health issues contrary to the Surgeon General and by selling low-tar cigarettes knowing smokers compensated to get higher tar. In the trial held before Senior U.S. District Judge Jack B. Weinstein in his Eastern District of New York court, the defendants argued that the companies acted lawfully and responsibly. Specifically, the companies asserted that they had developed the safest possible products. The companies said Empire's subscribers were not misled, and that epidemiological studies show that low-tar cigarettes actually are safer and were encouraged by the government. Case Went On Despite Many Higher Court Rulings The Empire case was one of three Blue Cross Blue Shield cases filed against the tobacco industry in 1998. The other two were dismissed after federal circuit courts determined the claims had no legal merit. In November 1999, the Seventh U.S. Circuit Court of Appeals in Chicago ordered the dismissal of the Arkansas Blue Cross & Blue Shield case, and on February 28, the Ninth U.S. Circuit Court of Appeals in San Francisco affirmed the dismissal of the Regence BCBS case. The Empire case was originally filed April 29, 1998. In April 1999, the Second U.S. Circuit Court of Appeals issued its decision in Laborers Local 17 dismissing, on grounds of remoteness, an essentially identical claim for reimbursement of health insurance payments caused by the tobacco industry. Judge Weinstein denied the defendants' motion to dismiss the Empire Blue Cross case on the same grounds. The companies sought discretionary review in the Second Circuit of Appeals and the court said it would not review the case before the trial was completed. The federal appellate courts rarely grant discretionary review and the decision does not indicate support for the Empire Blue Cross case. Brown & Williamson Tobacco Corporation is the nation's third largest manufacturer of cigarettes. Based in Louisville, Ky., its major brands include KOOL, Lucky Strike, Pall Mall, GPC, Misty and Capri. *** ENDS *** ENQUIRIES: INVESTOR RELATIONS Ralph Edmondson 'Phone: + 44 (0) 20 7845 1180 PRESS OFFICE Scott Hailstone or Ann Tradigo 'Phone: + 44 (0) 20 7845 2888
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