How To Quit Smoking Ebook

Mark Whalen

Published by

Copyright 1997 by Mark Whalen All rights reserved including the right of reproduction in whole or in part in any form. First PresMark Edition 1997 PresMark and the colophon are trademarks of PresMark Publishing Co. Printed in the United States of America Book jacket design by Mark Whalen Editorial proofing by Don Brennecke (Thanks, Don!)

ISBN 0-9679047-1-4 The slanderous reference to the heads of tobacco companies is absolutely intentional and stated so as to invite civil suit. In the words of Duke Nukem, “Come get some!” The Original Complaint in the lawsuit of the heirs of David McLean, the “Marlboro Man” reprinted from public record.

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Dedicated to: My wife, Sharon. Thanks for quitting smoking. My sister, Claudia. You show me unconditional love (and quit smoking.). My daughter, Michelle You’ve become a real woman. I hope you can use this! My grandson, Preston. My partner in business, my friend in life. I hope you never need this! And to the memory of my father and mother, Bernard C. Yunck, 1922-1979 Sorry you quit too late! Rest in Peace, ol’ man. Dorothy E. Baranska, 1924-1967 And please let him, mom.

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The number one cause of premature death in the United States is, by far far,, smoking!

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Table of Contents NOTE: The bulleted items are all hot links to the pages to which they refer. Just point to them and click. • • • • • • • • • • • • • • • • •

Prologue Chapter 1 How Much? Chapter 2 Why? Chapter 3 Wouldn’t You Rather Switch Than Fight? Chapter 4 The Mantra Chapter 5 The Pose Chapter 6 Face The Enemy Chapter 7 Other Reasons Chapter 8 Pick Your Shots Chapter 9 Gotta Get That Feeling Chapter 10 The Ghost of Smoker Past Chapter 11 The Ghost of Smoker Present Chapter 12 The Ghost of Smoker Future Epilogue Pictures of smoker’s lung Helpful Links Marlboro Man’s Widow Sues Philip Morris

vi 1 5 10 13 16 19 21 29 32 34 37 40 42 44 49 50

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Prologue I will not bore you with all the reasons that smoking cigarettes, or using tobacco in any form, is a self-destructive, suicidal behavior. The simple fact that you are reading this means that you already know this and are either hooked and now know you must to release yourself from the deadly grip, or you have a loved one who needs this information. Either way, you must know by now that roughly eight times as many Americans die from tobacco related disease each and every year as did in all America's eleven years involvement in Viet Nam combined; twenty times the number of deaths caused by drunken drivers each year; and about twenty-five times the number of American deaths by AIDS. (343,000 total deaths by AIDS as of 7/1/96 vs. approx. 8,000,000 deaths by tobacco during the same time period. The deaths by tobacco do not count deaths by tobacco related fires, nor heart, blood, and lung disease deaths exacerbated by tobacco use, but not attributed to it on the death certificates.) But knowing this has not caused more than a minor movement away from use of the deadly plant by the general public at large. In fact, many thousands of American children are, as this is being written, smoking their first cigarette, the first of perhaps hundreds of thousands to come over their shortened lifetimes. This book does not dwell upon the evils of smoking, nor how to stop the general promotion and legal sale of the most lethal drug (far more deadly than heroin or cocaine) in the world. What it focuses upon is the way out, the way to disassociate oneself from the need for, and attraction to, tobacco. In fact, the method for behavior modification found here is not exclusive to tobacco, but can be used for the cessation of virtually any habit or addiction in any form. The problem is not in the substance, but in the "habit" of using it. For without the habit, the addiction, tobacco has no power of its own. It is as harmless and insignificant as any simple garden variety weed. It is the internal subconscious perception we hold about the drug that makes it so dangerous. What is illustrated herein is a method by which one may change that perception permanently, without "fighting the urge" or going "cold turkey". Smoking is a habit. Habits are created by repetitious behavior, and are built, assembled if you will, over a period of time. If we were computers, and I strongly believe that we are indeed the most sophisticated computers conceivable, then our habits would be called our "programs". Removing a vi

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program from a computer is a simple mechanical process. Removing a habit from a human being is not nearly as simple, but is still a mechanical process. Each requires a course of steps which, taken one at a time in sequence, with care and commitment, will achieve the desired result. But when I say commitment, I do not mean commitment to resistance to the habit, nor any fanatical ordeal wherein you are required to perform any dynamic or difficult behaviors. Actually, the process is not nearly as arduous as installing the habit (learning to smoke). When one learns to smoke, one must overcome the body’s natural resistance to breathing a toxic substance, with only the ardent desire to overcome the body’s own safeguards to keep the process going. However, reversing the habit, although perhaps a bit more complex, moves one toward the body and its needs, not away from it. Therefore ending the habit will feel more natural and is actually easier, and far less painful, than starting it. So the first place to start is with the simple, direct question: Do you truly want to quit smoking? The next question must be: Are you ready to begin to do it now? If the answers to both these questions is yes, then read on, and just do what the book tells you to do. It will work. I know because I used this method to release myself from sixteen years of addiction to tobacco, and no longer have any desire for cigarettes. I tried “willpower” three times before designing this system. Each time lasted from only days to about a week. Each time I discovered that I could not “break” the habit simply by denying it. By just telling myself no, when my body and mind were craving, was ridiculous. Even when I succeeded in not doing the behavior, it was still occupying a good deal of my conscious thoughts. I found myself shorttempered, biting my nails, and was quasi-hungry all the time. But once I realized that I must work with my body and brain, not against them, I knew I was moving in the right direction. If you desire to end your enslavement to a product you no longer wish to purchase, use, or allow to diminish the quality of your life, then use this little book as the key to your doorway out. The method does work. It will work for anyone who sincerely wants to use it. All that is needed is your attention. Although I have stated that you can quit without willpower, you must, of course, be prepared to do the simple behaviors of the process, which do not include resisting smoking. In fact, you are encouraged to smoke each and every time you want to. This system is not designed to get you to stop smoking, but to stop wanting to. Once you no longer have any desire to smoke, you will never feel the need to “learn” the habit again. Being around others who are smoking will not cause you to crave a cigarette. vii

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Also, you won’t be able to just pick up a cigarette and return to the old habit. There will be no residual habit left in you. You will be as if you never were a smoker unless, of course, you have already done permanent damage. But even then, permanent scars tend to shrink and fade over time. Eventually your full breathing capacity and your natural ability to fully taste food will return. You will not have an unnatural craving for food, nor any other substitute. You will find that you sleep better, and awake much easier, needing far less time in bed to achieve the rest you need. Your teeth will be cleaner, and your breath and body will smell much better, needing less deodorant. Once you have stopped ingesting small, steady doses of the sixteen(!) toxic (literally poisonous, deadly,) chemicals found in the smoke of cigarettes up to several hundred times a day, (each puff being a dose), you will find the general quality of your life greatly improved! And for me, the sense of pride and accomplishment was tremendous. My self-respect grew immeasurably once I was certain I had defeated the “evil weed” once and for all time. I did it, and you can too. Just take the simple steps found here, and your result will be the same as mine. I don’t smoke, and I have no desire to. I simply feel sorry for those who don’t want to use tobacco, but still feel compelled to anyway.

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Chapter 1 How Much? The first step toward dismantling your habit, for that’s exactly what we’re going to do, is to get a good look at it. Always, when someone asks me for help to stop smoking, the first thing I do is ask them how much they smoke. The answer almost invariably is, “Oh, a pack to a pack and a half a day.” This is a typical encapsulated description of a habit. A pack is a unit of one. (A habit is a series of integrated, interdependent behaviors, performed in sequence, thought of as a unit of one, such as “driving” or “golfing”. Both these habitual behaviors require dozens of individual behaviors.) So this person is telling me that they smoke about one to one and a half units a day, knowing that I will understand that they are talking about twenty to thirty cigarettes a day. But what they don’t consciously get is that I am understanding that they are smoking about ten hits per cigarette, and so therefore to my mind, they are telling me that they are smoking two to three hundred times a day. Each and every time you place a cigarette between your lips and draw smoke into your lungs, that is an individual act of smoking. This first step in the process is a simple one, and will tell you immediately if you are lying to yourself about whether or not you are truly ready to stop smoking now. If you are willing to just look at your habit, then you are likely ready to first alter, then discard it. But you must know precisely what it is you are directing your subconscious to do. The details are important. Step One is to count your cigarettes. The way this first step is performed is this. Get a short pencil, no longer than one of your cigarettes. Also get a business card with a clean back. Any piece of paper will do, but it should be at least as stiff as a regular business card, and slightly smaller than the size of the pack. Then, when you first open your next pack and remove that first cigarette, place a mark on the back of the card, next to a letter representing the day of the week. Then slide the card between the plastic and the pack, and put the pencil into the spot where the cigarette was. Then, each time you have another cigarette, take the card out, pencil a mark on it, and just put it back. At the end of a full seven day week, you will know exactly what your habit has been, and is likely to be in the future, if you don’t do something about it now! However, simply putting this much attention on the habit can tend to make it shrink all by itself. Historically, I’ve noticed that many of those “pack a day” smokers start their week smoking fifteen to twenty-five a day. But by 1

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the end of the week, that seems in many cases to drop off to six to ten. They report that they’re still smoking all they want, but they started dropping off the few extras that they’d rather pass on than count. Amazing. I don’t say this will definitely happen to you, and if it doesn’t, that has no bearing upon how long the process will be. First, it will take as long as it takes, period! There is no timetable upon this work. A time-table puts pressure on you, and this is not a pressure-type process. Second, it will not be difficult. The only seriously hard part of quitting smoking is resisting the urge to have a cigarette. You will never be required to do this. You will be able to smoke each and every time you are certain you want to. In fact, you are encouraged to smoke each cigarette you want. It is counter-productive to the method to resist the habit. This shall be a gentle, organic process of letting go. Not a violent overthrow. So begin Week One by counting your habit, and finding out just how many cigarettes you are smoking. It is said that the wise man knows well his enemy. This is an enemy we are going to kill with kindness. But that first step is to know him. Don’t bother to read on now, until you can answer this question precisely: Exactly how many cigarettes did you smoke in the last seven days? And do not just remember when you bought the last carton and subtract what you have left. That would be an estimate. You need an exact figure. Also, the counting does more for your brain than just giving you the number. This first step must not be short-cutted! You must, for this process to work well, count each one separately as they are smoked and record them. Then move on to Chapter Two.

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NOTE: If it is too much of a struggle to get yourself to count how many cigarettes you smoke for seven days in a row, please don’t bother to read on. IF YOU CAN’T EVEN TAKE A CLOSE LOOK AT YOUR HABIT, YOU’RE NOT TRULY READY TO QUIT IT YET. But please pass this book on to someone else who may need it and be better able to use it. Be sure to get it back when you really are ready!

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Chapter 2 Why? Now that you know just how much you smoke, you need to know why you smoke. I’m certain you have vague memories of starting, probably in your teens, and who your friends and role models were back then. But the entire details of why you smoke are far more complex than just a casual decision, made by a post- (or even pre-) pubescent, that just happened to stick. There are two categories that I believe contain all the reasons one would begin to smoke. One category is General Reasons, and the items there apply to generally all smokers. The second is Personal Reasons. These details are particular to your habit, and although the overall reasons will be found in the General category, just how they apply to you we shall call Personal. When you think about it seriously and objectively, you must come to the conclusion that no one in their right mind would ever pick up a leaf of tobacco, wrap it in paper, put a match to the end, and draw the smoke into their lungs as many as two, three, four hundred times a day without some other pressures, reasons, outcomes being sought. The resultant feeling of that act cannot stand alone as the sole reason for smoking. If there was indeed any real pleasure from smoking, you would have felt it the very first time. You would have gotten a sense of well-being and satisfaction once that first cigarette was finished. But what do you remember feeling? You felt like coughing, probably did a lot, right away. You felt a pain in your throat, especially right at the back. And after you inhaled the first few puffs, you began to feel nauseous and dizzy, didn’t you? DIDN’T YOU? Sure you did. It was not a pleasant experience, strictly physically speaking. But there was something there for you, or you wouldn’t have tried it. The cigarette was a means to an end. Smoking was a painful thing you had to go through to get to where you wanted to go, or at least thought you wanted to. In the General Reasons category, we find that television was, before the ads were banned from the media, one of the greatest influences on us “baby boomers”. We saw all of our heroes posing with them, smoking them, even advertising them in commercials. John Wayne foolishly hawked Camels to two decades of his fellow Americans, only to pay the ultimate price that the Camel charges to ride him. I know it is today somewhat of a humiliating experience to admit that a lot of why I smoked for sixteen years was because the television told me to. But it is unfortunately true. Is it true for you too? 5

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Second, and often even more powerful, was peer pressure. You had friends who were smoking, and the cigarettes seem to make them seem older, more in control of their lives. More like your parents. Cigarettes seemed to be a right of passage in the fifties and sixties. I still frequently see that famous poster pose of James Dean, holding that cigarette. You and your friends likely wanted to be that type, or his girlfriend. You smoked because that was the price of adulthood, or as near to it as you could get at the time. Bottom line, just about everybody was doing it. One other horrible general reason for starting smoking, but still valid, is that smoking is fun. Fun with fire. Fun watching the smoke rise. Hearing the crackle of burning tobacco as you draw in the smoke. Choosing your brand. Identifying with someone else with whom you share that choice of brand. Are you a Marlboro Man? Have you “come a long way, baby?” Ever use the “Thinking Man’s Filter”? For someone in their formative years, buying and using a product powerful enough, if mismanaged, to burn down the house, the neighborhood, an entire forest; powerful enough to kill a person if they used it “too much”, is fun. Your own Personal Reasons you will have to determine for yourself. I can, however, give you a guide and some questions to ask yourself, which will help you to remember, or learn for the first time, why you personally decided to begin to smoke, and why you still do. In my case, the deciding factor was a boy named Dennis. Actually, Dennis’ mother, and the way she handled Dennis’ smoking. Dennis was nearly two years older than me (than all of us ninth graders in our little circle of about five). But Denny had lost a year of school during a bout with polio. So at fifteen, he was the oldest, strongest, and most aggressive of us, and therefore the leader of our pack. Dennis smoked. He smoked in front of his mother. His mother even bought him his cigarettes. Once I heard her say that if she didn’t buy them for him, he’d just steal hers, or worse, someone else’s. And of course she was right. She had no control over Dennis. He was, in that relationship, in full control. Denny’s mother was an attractive, intelligent woman. To me she always seemed kind and sweet. Her only major apparent flaw was that she let her fifteen year old son completely control his own life and much of hers as well. Because of this he was the hero of us neighborhood boys. He got away with everything. He did what he wanted, whenever he wanted. He went wherever he wanted whenever he wanted. I believe that the only reason he kept going to school and kept some social consciousness was so that he’d still have us, his friends, to run with, to bully, and to admire him. And admire him we did. When Denny started 6

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smoking, we all started smoking. When Denny started smoking in front of his mother, we all started smoking in front of his mother. (There are many other vices that he led all of us into back then, but the smoking is all I care to speak of here.) But smoking in front of our own parents was something quite different. I desperately envied Denny’s control over his mother, and I suspected that when he started smoking in front of her, they both knew that he’d crossed a threshold. I believe it signaled to both of them that he was no longer her little Denny, but a young man. I wanted so badly to cross that threshold with my own mother, and smoking seemed the best way available. But in order to do that, I first had to learn how to smoke, so that when I pulled out that first cigarette in front of her and began, there would be no hesitation, no turning back She would see that I was not only going to smoke, but had already mastered it. So one evening when I knew no one would be home for some time, I got out a cigarette, a Marlboro, and lit it. About half way through it, as I began to get nauseous and dizzy, I began to have second thoughts. Then I asked myself the critical question. Did I really want to be a smoker? Did I really want to do this? I hesitated...but the answer came. Yes, I did. In that instant, with that simple, direct, positive answer to my own question, I became a smoker. In almost every case where I’ve helped others end their smoking habit, they’ve had a similar story, a similar cigarette, and almost invariably, the exact same question and answer. In that instant I, they, you, became a smoker, whether or not you were smoking. Whether or not you had your last cigarette a few minutes before, or several years before. As long as that program is running inside you, you are, and will continue to be, a smoker. Why? Because you decided to be. That decision must to be remade with the same commitment and passion that you originally made it. That question must be asked again, but with a different answer. In fact, it must be asked with even more commitment and passion, because you have reinforced that mistaken decision for how many years? How many packs? How many cigarettes? How many drags? Hundreds of thousands? Each and every one bolstered that seriously poor decision made so long ago! Another Personal Reason might be that you were not breast fed. By an informal survey I took over a period of over two decades, I’ve discovered that most smokers were not breast fed, and most nonsmokers were. This was not a hard and fast statistic, but was apparently valid more than 80% of the time. Do you know if you were breast fed? If you don’t, can you ask your mother, or someone else who might know? It is important only in that when it comes 7

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time to ask yourself critical questions before you light up your cigarette, you will need to know whether asking yourself if it is really a cigarette or a nipple you are craving should be one of those questions. Diet control is one of the more effective, albeit self-destructive, personal reasons to smoke. There is no doubt that smoking a cigarette will quell an appetite to some degree. This is not, of course, the reason that when you resist smoking, you begin to crave something with which you will have to deal, if you use this process properly. Never, I repeat, NEVER resist the temptation to smoke by putting food into your mouth instead. Not if you want this system to work. Whenever you want a cigarette, get one and smoke it. This method will lead you to a state of mind wherein you will simply lose the desire to smoke, and the craving for it will come less and less frequently, until it eventually goes away. You can smoke all you want. But ultimately you will become like me; you just won’t want to. Ever! So whatever your personal reason to begin was, whomever was your greatest influence upon you to start, before you light up your next butt, ask yourself these questions. 1. 2. 3. 4. 5. 6. 7.

At what exact point in time did I decide to become a smoker? Who did I want to be like, and why? Do I still want to be a smoker? Do I still want to be like my influential person? Am I using cigarettes to stop myself from eating? Am I just looking for something to do with my hands? Am I just looking for security and pacification (mother’s nipple)?

Then, go ahead and light up. Realize what you are doing, how much you are doing it, and why you started doing it. As simple as this seems, knowing this information will take you a giant step toward your last cigarette. And after that cigarette, you will never want to smoke another one again. Hard to believe, isn’t it? Hard to remember a time when you didn’t want to smoke, didn’t even think about it. You can get back there, and you will, if you just do what this little book says to do. And, again, smoke all you want, all you really want, while you’re getting there.

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Most regular smokers in the United States, about 8 out of 10, begin to smoke when they are younger than 18…in other words, when they are children.

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Chapter 3 Wouldn’t You Rather Switch Than Fight? When I said that you can quit smoking without struggle or willpower, of course I did not mean that it will happen without any energy or effort on your part. Your willingness to exert effort was tested in Chapter One, when you counted your habit for a week. If you didn’t count, but are just reading on anyway, go ahead and read. But don’t expect that anything as simple as just reading a little book like this without using the information as instructed will have any formidable effect upon an ingrained habit that you are perpetually reinforcing as often as several hundred times a day. Ain’t gonna happen. No, it will take some effort on your part. Not the kind of effort to quit cold turkey, or anything like it. But moderate effort and time will be required for this to work. Your next step, now that you know how much you have been smoking, is to ask yourself what brand of cigarettes you dislike smoking most. Camels unfiltered? Newport menthols? Virginia Slims? Whatever they may be, make them the next pack you buy. What? you ask. Buy cigarettes I hate? Yes. And while we’re talking about it, don’t you hate them all? Buying a pack you know you hate doesn’t take any willpower. Certainly not of the type it takes, with a habit like yours, not to smoke at all. It simply takes the decision to quit and the commitment to use this method to do it. Since you’ve already demonstrated to yourself, (or you wouldn’t need this information) that you cannot or will not quit all at once, then you must quit little by little. And that first “little” is quitting your favorite brand. Certainly that’s going to take a lot of that little bit of “pleasure” you think you are getting from smoking away from you. That’s the whole idea. Once all the pleasure, conscious and subconscious, are gone, you will no longer have any desire at all to smoke. That is where we’re headed. If you want that, then just do what this book says. If you don’t, then close this book right here and now, and light up a smoke. This is not being written for you. I am writing for those who are saying to themselves right now, “Yeah, I guess it really is time, maybe even way past!” This book can and will give you a step by step, easy as pie way out. All you have to do is use it. So the next time you belly up to the counter, or pull that lever on the machine, start disrupting your habit by buying a brand you DO NOT LIKE!

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This will bring to your conscious mind something your body has been trying to tell you since day one. You really don’t like doing this, and want to stop. Won’t it be easier to quit a brand you already hate? Of course, a funny thing will happen after the first few packs. You may start to enjoy that brand. Or, at the very least, get used to it. Crazy, isn’t it? But yes, your body will attempt to accommodate you, and assume you want it to convert your habit to this brand. So it will. Then the first time you realize that you’re getting used to that brand, choose another one you dislike. And never buy a carton all at once again. One pack at a time. But I can save money, you say. I must ask, what’s more important to save? The few dollars, or your life? And when you’re getting ready to buy that pack, make certain that you are down to your last few in the old pack. Don’t buy ahead. Unless, of course, you’ll be where you can’t get any more when you need them. I always want you to have a cigarette there when you want one. Then calculate, by using the information you got about your habit from counting, to estimate just how many packs you’ll need, and buy no more than that. Now that you’ve decided to change brands, start watching for advertisements in newspapers, magazines, and billboards for cigarettes. Especially watch for two particular ones; the one promoting your old brand, and the one for the crap you are now smoking. Each of these ads are designed to appeal to a certain demographic. Once you dissect them a bit, it’s fairly easy to tell to whom they are marketing each brand. Marlboro obviously is being sold to cowboys. Well, there aren’t that many cowboys around these days, but the cowboy influence is in all of our country’s blue collar workers. The entire construction and factory working labor force are, by and large, the modern day cowboys, who perhaps identify with that lonesome stranger on that horse. (In fact, that “lonesome stranger”, the original Marlboro Man, died of lung cancer in 1995. His heirs are now suing the tobacco company. See the reference section at the end of this book to understand just how he, and you, have been lied to, manipulated, and physically destroyed by them.) And Virginia Slims? How about slim virgins, (or those who want to be, but are neither)? Think I am stretching here? No way. What do you want to bet that more Republicans smoke Winstons than do Democrats? Why? Because “Winstons taste good, like a cigarette should!” And we all know that Republicans want everything to be the way it “should”. So look for your two little ads. Did you fit well into the demographic of your old brand? Do you feel “wrong” for your new one, because the ads for the new brand are

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talking to someone else? Obviously, if you’re a construction worker, and you’ve decided to switch to Virginia Slims, then you will not only not fit into the demographic, but will likely take some heavy flak from your lunch bucket buddies. If you want to end your cigarette nightmare and you are committed to using this method, which will be the easiest you will find, then you can and will change brands...as many times as you have to. But don’t forget to bring along that little pencil and business card for the week. We’re still counting. You need to continue to count this way until you can count the cigarettes you’ve smoked in a week on one hand. You’ll be surprised. It won’t take that long. Now go ahead and light up (if you aren’t smoking already.) I know you want one, and of course, with this method, you can smoke all you want. But enjoy the last few in this pack of your brand. Then switch! If you have a whole carton, or part of a carton, give them away, sell them, or (Oh, no! Not that, never!) throw them away! Once you have begun to follow these instructions, you will realize that you are indeed in the process of ending your tobacco habit. Tell yourself so, clearly and out loud with commitment and passion, “I am ending my smoking habit.” This may sound silly, and perhaps it is, but tell it directly to the cigarette in your hand. Tell it to the pack. Tell it to your loved ones and friends. Tell it to yourself often. It is the truth. Let it be and make it so.

Cigarettes are more addictive addictive than heroin or cocaine.

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Chapter 4 The Mantra For those of you who don’t know what a mantra is, the Tenth Edition of Webster’s Collegiate Dictionary states: “...mystical formula of invocation or incantation...”. In the sixties and early seventies, the term mantra became popular being the name for an East Indian technique for bringing a person from one state of mind into another, simply by repeating a phrase to oneself. Today I believe the popular term is an affirmation. I call it a mini-selfhypnotic. What it’s called doesn’t matter. What matters is that you have one, and use it. Mine, as I developed this process, became this: “Each and every cigarette I smoke brings me closer and closer to that very last one. And after that last one, I will never want to smoke again.” I repeated this out loud with almost each cigarette I smoked, often several times, and directly to the cigarette in my hand. Further, when I bought the packs, I would say it to myself out loud, substituting the word pack for cigarette. You may choose to use this mantra, or make up your own. It doesn’t matter, as long as you have one, and that it makes a statement referring to the ultimate end of your habit. The importance of this is so that you are constantly reminded that you are in a conscious state of change, and heading in a new direction. Your body always responds to your thoughts, words, and actions. But it does so slowly and methodically. You must keep reminding it that change is taking place. You must state your goal and reinforce it. You must constantly remind it that you are in control, and are making the decisions. You built your habit, now you are dismantling it. When you started smoking, I’m certain you said to yourself often, Hey, I’m a smoker now. When someone offered you a cigarette, you probably hesitated just slightly for your brain to change tracks from, I’m not a smoker, to yes, I’m a smoker now, before you accepted the offer. Now it’s time to reverse that affirmation. This will take a little conscious effort, but the whole process is just that, small degrees of conscious effort resulting in the total termination of your desire to ever smoke again. By the way, my mantra was completed at 10:00 p.m. on Sunday, January 2, 1979, in a beer bar in Reseda, California. I got through three drags from a Winstons cigarette, my last old brand of choice, and started to cough. My throat hurt, and I started to get dizzy and nauseous. It had been perhaps a week or more since I’d tried to smoke. I looked at the cigarette in my hand, 13

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then at my image in the bar mirror. Then I said to the cigarette, “There you are, you little bastard! You are the last cigarette I will ever want to smoke.” I put it out, and I have never smoked a whole cigarette again. However, not long ago, when I was pretty soused on beer and all my barpool buddies were puffing away while playing the game, something I’d done exactly the same way as they were for over a decade so long ago, I picked a lit one up from an ashtray and took a hit, just out of drunken curiosity. It had been seventeen years since that last one. I took just one hit, inhaled it, and the room started spinning immediately. My speech started to slur and I began to lose my balance. Right then I realized that most of the coordination I’d always thought, back in my youth, that I was losing because of drinking, I was actually losing because of the intake of poison from the pack or more of cigarettes I’d smoked when out drinking. Then I realized why now, when I lay down after drinking, the room doesn’t spin anymore. I realized why it is now so much easier to get up and go to work after a night of drinking. (Still not easy, but much easier!) It is because it wasn’t actually all that alcohol that was messing me up so badly. It was from the poisons in the cigarettes! Other changes I noticed were the smell of my breath, armpits, and feet. Even my underwear doesn’t smell like it did in the old days. Now that the toxins are no longer oozing out of my skin through my sweat glands, I am a much cleaner person. I need far less sleep, and I find that my moods are far more stable. My teeth are even whiter. But perhaps the biggest lift I got from losing that habit is my self-respect. I have heard, been told, and read that cigarettes are more addictive than heroin or cocaine. Whether or not this is true, I can’t say. But I can say that I walked away from a big one. Slowly and carefully, but away. I did it this way, and you can too. If you really, truly want to.

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Lung cancer is the leading cause of cancer deaths in the United States, with about 170,000 new cases being diag diagnosed each year. A renowned team of research researchers ers has found a direct and undisputed scien scientific link between cigarette smok smoking ing and termi terminal lung cancer!

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Chapter 5 The Pose What originally attracted me most to smoking was “the look”. It looked cool. James Dean, John Wayne, Liz Taylor, Clark Gable, Tracy and Hepburn, Bogart and Becall, they all looked so cool, mature, and sophisticated when they smoked. I suppose that the look of literally breathing fire was exciting on some purely primal level also. When my little friend Dennis “the Menace” started blowing smoke rings and then taking a long drag, letting the smoke curl out of his mouth and inhaling it through his nose as it came was-well, I just had to be able to do that. I actually do remember sitting at one of our little teen parties in my motorcycle jacket and Brylcreemed ducktail haircut, (remember the song? “Brylcreem, a little dab’ll do ya. Brylcreem, you look so debonair!”) looking just like an extra from the movie “Grease” and doing the inhale through the nose trick. All well and good for pubescent imaging, and the rights of passage, but I was killing myself to look cool! Is that crazy or what? But you know what’s even crazier? You likely have some stories like mine about people, places, and reasons. But they have long been just history. Those people, those days, those motives are long gone and all but forgotten. But you are still killing yourself! How do you look when you smoke? You probably do it so naturally by now that you don’t even notice how you look. It’s part of you. It’s just what you do so many times a day, without thinking any more than, “Think I’ll have a smoke.” Once it’s lit, you don’t think about it again until it’s time to put it out. Your mind races with other things like what you’ve just been doing, or what you plan to do next. But as you drag deeply on the small paper tube between your fingers, and suck real poison, toxic chemicals, death, into your body, where it permeates every facet of your entire cardio-vascular system, doing damage everywhere it reaches, your mind is off thinking about other far more trivial matters. You’re simply not paying attention. So this step in the process is called “posing”. For the next week, during every cigarette you smoke, and then as frequently as you can get yourself to do it, really pay attention to how you look while you smoke. How do you hold it? In the classic way, between your index and middle finger, between the second and third knuckles? Do you crook your elbow and keep the cigarette close to your mouth between drags, or do you let your arm hang, and act as though it almost wasn’t even really there? Do you sometimes hold it in the corner of your mouth, and talk around it? 16

How to Quit Smoking Without Willpower or Struggle Now, when you’ve noticed how you are doing it, look around yourself and see if anyone is noticing how you’re smoking. Then, start trying out some poses. Hold the thing differently. Hold it in your other hand. Hold it between your thumb and index finger, like you might a roach. Hold it away from your body, as though you didn’t want the smell of it to get into your clothes (sorry...too late). Hold it like there is a big wind coming up, and you don’t want to let the butt go out. Just play with your style of smoking cigarettes. Now start looking at other people’s style of smoking. Do they seem aware of what they’re doing? Do they seem like they’re getting any joy, real pleasure, or satisfaction from it? Are you any more (or less) attracted to them because they are smoking? Or maybe how they’re smoking? Or because of the brand they’re smoking? Me neither. The goal of this facet of the process is to heighten your awareness of this one aspect of your smoking that you no longer need, or even pay attention to, but that is still part of “the habit” you have. A small part of why you started to smoke was probably because of the way you looked when you did it. Having read this thus far means to me that you are likely an adult who’s smoked enough to know there’s nothing of what those huge billboards showing beautiful, happy people promising you’ll have and be and get, if you’ll just commit suicide this one little way a few hundred times a day. Now you no longer need to satisfy your image, do you? You can let that part go by becoming hyper-aware of how you look while you are smoking. The more attention you pay to this aspect of the habit, the more you will likely become uncomfortable. You see, as you begin to look for that most “natural” pose for yourself by paying attention, you will find that there is no way to look cool while you are committing suicide. The very best you can hope for is do it in the least conspicuous place, because you see, in the nineties no mature person will ever look up to you and admire you by seeing how cool you are smoking. But there are a growing number of us who see you doing it and simply feel sad for you. Do you really want to have strangers feeling sorry for you, just based upon this one little behavior of yours? This one minor character defect? Hey, if you’re with a whole party of smokers, you can all light up and pretend that it’s not even a defect. That it’s still the cool thing to be doing. Or is it time to grow up!?!

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Each year 400,000 deaths in the United States are attri attribbuted to cigarette smoking.

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Chapter 6 Face the Enemy Hopefully, by the time you read this chapter, you’ll have messed around with “The Pose” a bit, and decided that the best way to appear to others when you smoke is not to be seen at all. I mean avoid letting anyone see you smoke when at all possible. Smoke alone. Just you and your habit. Go somewhere quiet outside and light up that awful brand you bought and hold the cigarette out in front of your eyes and say your mantra. If you like mine, use it. But you have to believe it, whatever it is. So I encourage you to come up with one that will serve the same purpose as mine, but in your own words. And then use it. Say it directly to the cigarette, as if it can hear you. Speak to the tobacco company people through it. Pretend they have a little microphone bug inside there, listening. Tell them what you’re thinking. Tell them you want to stop. Tell them to let you go. Tell them you are now in the process of stopping, whether they like it or not. Make it clear to yourself that the cigarette (or cigar or pipe or chew or whatever form) you are using is not welcome, and that you are rejecting it. Put as much passion and power into your words and feelings as you can muster. If you are alone, who cares how you sound? Only one person...you do. But beyond the “critical you”, who may be saying, “What a fool I sound like doing this,” there is another ear deep inside of you, listening. That ear belongs to the part of your body and brain that’s running the habit. It is slow and lumbering and seems hard of hearing because it’s doing as you’ve programmed it over and over to do. But it is listening. When your oral rejections reach it’s ear with the passion, intensity, and commitment that did your original commands to begin the habit had, it will start listening very well. You can’t just think it and get the same quality of results. Saying it out loud puts the message into your brain and body in a physical way through auditory brain channels that simple silent thought cannot. We always tend to pay more attention to what we hear out loud than to what we only think, even if it is we who are saying it to ourselves. Although there are those who think that talking out loud to oneself in an indication of

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being crazy, I believe in this case it is one of the tools you must use to stop being crazy. So come face to face with your enemy. Hold it in your fingers and really look at it. Talk to it. Smoke it all you want. Burn it up. Keep thinking about it every second that it’s in your hand. It is the enemy. It is here to kill you. It will kill you slowly and painfully. Along the way, it will diminish the quality of your life by bits and pieces. It will shorten your breath, color your teeth, dull your senses, deaden your taste buds, make it much harder to wake up each morning, alienate your non-smoker friends, and poison your immune system. And it will keep taking your valuable, hard earned money every day while it does all this. What, seven or eight hundred bucks a year? Now that you know how much you smoke, calculate how much a year you have been paying for that “privilege”. What if you had put all your cigarette money into a jar, starting on any January 1st in your smoking history. How much better could you have made that next Christmas for yourself and a loved one with that money? (Just not smoking is all by itself a gift, if your loved one is a non-smoker.) When you smoke, as I have said so many times in this little book already, you are committing suicide. This is perhaps the most personal act one can commit. Be certain to make it personal. No longer be casual about it. It’s your life we’re talking about here. It’s quality and length will grow or diminish in direct proportion to what you do right now, today.

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Chapter 7 Other Reasons Although you may believe your habit is a mandatory “pack a day”, more or less, and by mandatory I mean your addiction to nicotine and the rest of the chemical content, it is not. Most of your habit is behavioral. That is to say that it has nothing to do with chemical addiction. That’s right. Your nicotine habit, I have found in even the heaviest smokers, is only about four cigarettes a day, if smoked thoroughly. Four. One mid-morning, one mid-day, one early evening, and one more before bed will give your nicotine habit all the drug it needs. The rest of the cigarettes you smoke are largely simply behavior habit. That means you smoke them for a variety of other reasons having nothing to do with the cigarette. Here is a partial list of some of those reasons. BECAUSE: 1. 2. 3. 4. 5. 6. 7. 8. 9.

It gives you something to do with your hands. It gives you a reason to take a break from whatever you are doing. You’ve just finished something (i.e. Sex, food, a task). Someone offered it to you. This is the time when most people do it. It helps you “think”. You’ve just seen an ad for them. You’re hungry. You feel momentarily insecure and subconsciously crave mother’s nipple (terminal thumb sucking).

Recognize any of them? Any more that you can think of? Let’s go over these, one by one. First: “It gives you something to do with your hands.” This is a big one. Perhaps half your habit is this. You pick one out of the pack and stick it into your mouth just to have something to do. And every time you’ve done that behavior, you have reinforced the habit that says, “whenever my hands have nothing to do, and I am at some sort of pause in my life, I should reach for a cigarette.” You have trained yourself for this response to occasional physi21

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cal inaction. You usually don’t even think past “where are my smokes?” But let me ask you this. When you find yourself in that same position, would you ever consider taking out a small sharp knife and start cutting on yourself? Maybe nick a vein in your wrist and letting out a little blood? Or walking over to a wall and start beating your head against it? Not real hard, but five, seven, twelve good little bangs to the brain box? How about pulling out a little canister of cyanide gas and taking a few whiffs? Of course not. But honestly, any of those behaviors are no less foolish or selfdestructive than the smoke you’re pulling into your lungs, just to pass the time and keep your hands busy. Think about that. You have trained yourself to have your hands and mouth start killing yourself at each and every opportunity that they’re not busy doing something else. Crazy? Of course! Am I wrong? You know I’m not. Reason Two. “It gives you a reason to take a break...” This one has been programmed into your brain since you were born. You have always heard of the “smoke break”. It has always been a long time ritual among adults. Whether or not you remember it, somewhere in your childhood you thought to yourself that you wanted to be more adult, and therefore need “smoke breaks” yourself, which in a crazy but logical way, supported your maturity. Just look at all the people you see standing around the steps of an office building at 10:00 a.m. these days, puffing away during their morning break, usually with a cup of coffee in the other hand. This is a tough one for those who work in environments wherein they can’t smoke until their breaks, because it coincides with the real chemical need for the nicotine. So the need for a cigarette gives you a reason to break, and the break gives you a reason and the opportunity to smoke. The most harmful part of this is that those of you who are taking that “smoke break” usually are taking it together, and socializing while doing it. The insidious thing about this seemingly pleasant social contact is that it emphatically reinforces and socializes the smoking. If “everyone” is doing it, can it be that bad? Absolutely! Here’s a brutal (and perhaps tasteless) analogy. The Jews marched into those showers and their painful, horrible deaths in Hitler’s death camps in part because they believed that a “shower” would be beneficial and good for them. But in another part, because everyone else like them was doing it. Have you ever smelled ammonia gas? Sure you have. It is strong and repugnant. I must believe that on their way into those “showers”, many of those poor victims smelled the Cyclon B, which I’m told smells like ammonia, 22

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questioned it briefly to themselves, and denied the meaning. After all, everyone else around them was walking right in. If everyone is doing it, can it be so wrong? You know that answer as well as they did the second those showerheads started spitting the poison. Now, think about this again. About 400,000 Americans a year die from the use of tobacco. That’s four million a decade. Hitler was accused of killing six million Jews. He is considered to be perhaps one of the worst, certainly the most publicized, villain in modern history. R.J. Reynolds, Philip Morris, the American, Lorillard, Brown & Williamson, Liggett & Myers and the rest of the tobacco Companies have killed over twice that number in America alone. It’s been five decades since WW2. Even discounting the number of tobacco related deaths by half as of 1946, and escalating the number on a direct line until 1996, we still come up with about fifteen million tobacco related premature deaths. The figures worldwide are not known, but I believe, having been to Southeast Asia and having seen how much harder tobacco is pushed on those people, and how many more per capita seem to be smoking cigarettes (all American brands), that tobacco and those who sell it have killed perhaps ten times more people than the Nazis. But right now, today, they pay lobbyists and politicians millions of dollars to prevent Congress from making any new laws to stop tobacco companies from continuing to do so.1 If you saw any of the recent Congressional hearings on the tobacco industry, you may have seen the heads of all the tobacco manufacturers swear, under oath to God, that they honestly believe that nicotine is not an addictive substance.2 Since you are reading this, you are most likely a smoker who knows what a lie this is. They are lying to Congress, to God (in whom they obviously do not believe), and to you, while they are artificially injecting supplemental doses of nicotine into cigarettes, beyond what is naturally found in tobacco. Why would they do that? These are the people you are supporting with your money, at the cost of your health, so that they can reap financial rewards you and I can only imagine.3 Next reason. “You’ve just finished something.” So here, the cigarette is sort of a reward. It’s a bit like the ad for beer, “And now, it’s Miller time.” Except your body and brain are reading, “And now, it’s KILLER time.”

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Does it make any sense at all to finish a project you’re pleased with, or an experience you’ve enjoyed greatly (sex?), and then immediately reward yourself with a little death? “Oh, that was great, dear. I’m panting so hard that my lungs are wide open, and my blood is pounding through my heart at over a hundred beats a second. Guess it’s time to suck in a little poison. Want some?” Reason Number Four. This one’s really silly, and yet a biggie. Someone offers you a cigarette, so you take it and smoke it. Especially if it’s your own favorite brand. And if it is not your brand, you usually say, “No thanks. I’ve got some,” and pull out a cigarette of your own. Then you smoke one that you may not have smoked, had not that other cigarette been offered. There’s a small variety of reasons for accepting an offered cigarette that have nothing to do with smoking. First is that it is considered impolite to refuse a gift. To turn down an offer from a friend is, or seems so, a rejection of that friendship. Almost always, when a cigarette is offered, it is not only the gift of the cigarette, but an offer to smoke together. That person is almost always lighting up one for themselves when they make the offer. This leads to an attached reason; camaraderie. If you turn them down, you seem to be saying, “No, I don’t want to smoke with you, even though you know I like to smoke. Therefore, I don’t like you.” By taking out a cigarette of your own, you change this message by seeming to say, “I’ll save you the gift by refusing it, and smoke with you anyway, which is what you really wanted, wasn’t it?” Another reason you will smoke an offered cigarette is that if you hand someone something, almost anything, they will usually simply take it without thought. Ask yourself this. If it was a gun the person was offering, and their intention was to share a one fast round of Russian Roulette, would...ah... that’s too silly to finish this sentence. Next reason. “This is the time when most people do it.” Your internal clock regulates almost all of your daily behaviors. Eating, bathroom functions, sleep. When you go to sleep at the exact same fixed time every night and get up at the exact same fixed time every morning, don’t you begin to get sleepy at that time of night, and don’t you wake up often just before the alarm goes off? That is because you have conditioned (set) your internal clock to trigger those feelings by building a habit. Why you’ve chosen the times you ritually smoke is because those are the times you’ve seen your 24

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role models for smoking doing it. Most likely, one or both of your parents or primary caregivers were smokers. Growing up, you consciously and subconsciously watched their behaviors and, like it or not, began to model them. Here’s something I have proven to myself. You can too, if you have the combinations of audacity, stupidity, and need for proof of your own. Stand in any small public place where others are gathered and stare up at the ceiling or sky with curiosity. Walk around and examine the whole area slowly and carefully. Before long, most of the people in the area with you will begin to look up also. As soon as a few are looking up, probably soon all will look up, if only for an instant. It’s simple human nature. It’s called peer pressure. Often you smoke simply because your internal clock tells you it’s time to. Not because you are craving nicotine. Not because you are addicted to anything. It is simply because your internal alarm clock says it is time. And you originally set your internal clock by how others have set theirs. Reason six; “It helps you think.” This reason is not only ridiculous, it is, in a small way, true. But it doesn’t have to be. It is ridiculous because the physiology of the human body and brain do not, I repeat, DO NOT function better while poison is being ingested into the system. That is like saying that your car runs better when you pour a little sand into the carburetor. But it can be true also. If you are battling the urge to smoke while you are trying to contemplate and evaluate a problem, situation, or challenge, much of your mental energy is being robbed and distracted away from your goal. So smoking alleviates the nagging craving, and therefore you can actually think better. Not better than if you weren’t smoking and didn’t even think about it. No way. Just better than if you are fighting “the urge” at the same time. Also, the true fuel of the brain is oxygen. This can only be brought to the brain by way of the blood, which picks up its load in its pass through the lungs. It is a physiological fact that the deeper one breaths, the more oxygen per ounce of blood is loaded into the system. So, ironically, the deep breathing of the smoke also brings more oxygen into your brain along with it. Therefore, if you are a smoker whose belief is that smoking helps you think, and like most smokers, you tend to be a shallow breather in general, then by resisting smoking while trying to study anything with continued shallow breathing, you will have more difficulty with the process than if you just smoked, breathed deeply, and stopped thinking about the cigarettes. But 25

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if you have no urge to smoke, and simply do a little deep breathing exercise, your thinking will be far more superior to any thinking you can do while sucking poison at the same time. I’m certain this can be proven by clinical testing, but I can only say that I know I am much sharper and quicker mentally now than I ever was when I was puffing twenty to thirty cigarettes a day. “You’ve just seen an ad for them.” Yes, those ads are compelling. Very compelling. In fact, they are the most compelling ads of all advertising, other than liquor ads. Why? Because these ads are filled with subliminal messages. That’s right. There are tiny, and some not so tiny, messages embedded within the printed ad that are attaching the product to your primary emotions. Often, the word “sex” is embedded into a cigarette ad hundreds of times. Many have images of nude people, or just more often cartoonish images of naked genitalia, embedded throughout the ad. There are often the images of dogs and cats embedded, to attach your natural love of animals to the cigarettes. For a detailed and enlightening study of this practice, I strongly recommend to you to read a book called, “Subliminal Seduction” by Wilson B. Key. In it he states that most people tend to believe that after subliminal ad testing by the Coca Cola Company many years ago, laws were enacted to prevent subliminal advertising. As the story goes, Coca Cola did many tests on movie goers by flashing “Have a Coke!” messages into certain films at intervals long enough to be recorded by the brain, but not so slow as to be seen by the conscious mind (1/30th of a second every second). The test was to see if sales of Coke went up significantly during those films in theaters where they tested. Sales did indeed increase, dramatically. Still, after thirty-some attempts to enact laws to regulate the practice, there has been not one law put on the books anywhere to prevent this tactic in advertising. Years ago I had a smoker friend who disbelieved Mr. Key’s claims, but eventually came to me with an ad for Newport cigarettes, wherein the word “sex” was so clearly embedded that it was easily visibly to the naked eye. Shortly after, he began to use this process to terminate his habit. To my knowledge, he has never returned to any desire for cigarettes. For him, being manipulated this way was apparently even more painful to his ego than the knowledge of the damage the cigarettes were doing to his body. Seemingly, his indignation at feeling like a manipulated fool was a greater motivator to end his habit than any other. 26

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The next time you see a cigarette ad in a magazine or on a billboard, ask yourself what the messages is, if the message is true, and where the embeds may be. This alone will dull your manipulated, fabricated craving to simply, mindlessly light up. Number eight, “Because you’re hungry.” Yes, this is a valid reason to smoke. If you are truly experiencing hunger, a dose of toxic poison will take the edge off. Definitely. But wouldn’t you be better off eating a Fibar or chewing a piece of gum? Or even sitting down to a meal? Tell you what. If every time you get hungry and want to smoke a cigarette in place of food, why don’t you light the match and instead of holding it to the tip of the cigarette, hold it to the tip of your tongue! Of course I’m just being silly here, but if you did build that habit, you’d not only stop smoking very quickly, but probably lose some weight along the way. And for certain you’d be doing less damage to yourself. Here’s the last reason I am offering, although I may not have listed all your personal reasons. Nipple sublimation. Oral gratification. When I first realized that for me, ending my cigarette addiction was going to be an intellectual challenge, because I could in no way defeat it simply by physical resistance, for several years (as I said in Chapter 2), I began asking other smokers questions about how, why, when, where, etc. they started smoking. One of the questions was, “Were you mostly breast or bottle fed as an infant?” Of those who knew for certain, I believe that over 80% of those who smoked were not breast fed, and over 80% of those who did not smoke, were. I saw, and still see, a correlation. I believe that often, in moments of tension and/or anxiety, we would all love to revert to a moment when we were cradled into mother’s arms, gently sucking on her nipples for warmth and sustenance. When we first lost that ability, we began to suck our thumbs. When we lost that ability, it went to candy, suckers, sweets. Then, for most of smoking Americans, at about fourteen to sixteen years old, we “saw” a way to get that some of that feeling and at the same time, appear even more “mature”. For many of us, there was something vaguely familiar about that first suck from that first cigarette, wasn’t there? People have many reasons to smoke. Some even smoke because of the warning label on the side of the pack. They see themselves as “living dangerously”. Out on the edge. A rebel. What they really are is suicidal. Those are the ones who say, “Ya gotta die someday anyway. What do I care if it’s at seventy-five or eighty-five?” These are deeply emotionally dissatisfied 27

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folk, who have far greater problems in their lives than smoking. You are not likely one of these people, because they will not even pick this book up and start reading, forget getting this far into it. Now, having seen that you have many more facets to your habit than simple chemical addiction, you know why the patches and the gums don’t always work, and rarely permanently work. One can easily suspend the chemical addiction, but patches and gum don’t even begin to address these other issues, which are by far the larger part of the habit.

In 1988, approximately twenty-five hundred infant deaths were attributed to ma maternal smokking. ternal smo

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Chapter 8 Pick Your Shots Let’s say you now understand how much of your habit is chemical addiction, and how much of it isn’t. And let’s say that you are now going to begin to let go of that part that’s not chemical addiction, and just concentrate on that part that’s really under your control without effort, such as Reason Number 4 in Chapter 7, “because someone offered it to you.” If you don’t have an urge to smoke and someone offers you one, a great way to deal with this situation is to say, “No thanks, but thanks for the offer. Actually, I’m in the process of ending my habit, and it’s not quite time for me to smoke one yet. But I’ll be glad to stay and talk with you while you smoke.” Can you do that? Of course you can. And if watching them smoke while you talk brings up the urge so strongly that you start paying more attention to their cigarette than to your conversation, then go ahead and smoke. But know that just by putting it off for a moment, even a minute or two, you haven’t lost ground by giving in and smoking. You are supposed to smoke when you have that urge! Just know that by putting off the smoke for that little time, you’ve won a battle, and are one step closer to winning the war with your enemy. Another reason we smoke that I didn’t mention in Chapter 7, (because it’s not a reason we start to smoke a cigarette, but is a reason that we continue to smoke it long after we’ve satisfied the urge) is the “Eat everything on your plate” directive. “Waste not, want not,” was a big one around our house. But in this case, you cannot waste a cigarette nearly as badly as a cigarette can waste you. So when you have decided you “need” to smoke, then go ahead and smoke. But while you’re smoking alone, smoking a brand you don’t even like, and talking to it too, you will want to start watching for that instant when you feel like you’ve had enough. That is not determined by how much cigarette is left, but by how much desire (urge) to smoke you are still experiencing. Once that has been satisfied, put the damn thing out and throw it away. If you’ve been smoking a pack a day, and paying roughly $2.00 per pack, you are paying ten cents per cigarette. If you are getting an average of ten puffs from each, then each drag costs you one cent. ONE PENNY! If you’ve taken three or four drags from a cigarette, there’s only six or seven cents worth left. If you are doing this process, then just by the nature of it, after a week or two your consumption will probably be down to less than half what it had been before you began. So now you may only be smoking 29

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ten cigarettes instead of twenty. One dollars worth. What does it matter if you throw away the last half of them? Fifty cents? Would you take a fifty cent piece from me for giving you a pill that has all the poison in it that your cigarette has, but not get to smoke it? Just take the pill every day, and I’ll give you fifty cents each time. Unless you’re truly nuts, of course you wouldn’t. It’s not worth fifty cents or fifty dollars, or fifty thousand dollars to regularly ingest poison into your body that has been proven to kill, and at the very least, diminish the quality of your life dramatically. At least it is not to me. Is it to you? So don’t worry about wasting a little tobacco, or fifty cents a day. You’ve already saved a dollar a day. As soon as you feel the urge to smoke satisfied, kill the cigarette! And I mean KILL IT. Do not put it away and reuse it! Clinical tests have proven that the residual smoke in a partially smoked cigarette causes it to be far more carcinogenic (cancer causing) than a fresh cigarette. As to the other reasons, each time you catch yourself impulsively reaching for a cigarette, ask yourself why you want one. Is it for any of the “other reasons” I’ve listed, or another one of your own that I haven’t? If so, ask yourself if you can do without it. If the answer is no, then ask yourself if you can put it off for a few minutes or more. If the answer is still no, then take it out and smoke it. Try to go someplace alone and do your mantra. But if that’s not feasible, mumble it to yourself where you are. Make yourself as conscious as possible that you’re doing what you’re doing. Then do it until you feel you can stop. Then stop. Then congratulate yourself for your awareness, and pat yourself on the back for stopping when you wanted to, not just because the thing was all gone. And believe this. With each and every cigarette you smoke with this kind of awareness and deliberation, the closer you will come to that last one. And after that last one, you will never want to smoke again. You will not only not want to, but never even be tempted to start again. You will have released yourself from perhaps the strongest mental enslavement ever known to man. The personal self-confidence and self-respect I have attained by just accomplishing this one task in my life has been an invaluable tool in attaining confidence in all areas of my life. It will do the same for you, if you let your body release you from the evil spell that has been cast upon you and your ancestors for generations.

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Half a billion packs per year are sold illegally to children under 18. An est estiimated 3,100,000 U.S. teens, smokk1 out of 6, are regular smo ers.

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Chapter 9 Gotta Get That Feeling When you first started to smoke, do you remember, beyond the burning sensation in your lungs, the urge to cough, and the watering of your eyes, that right in the back of your throat, where your uvula hangs (that little knobby piece of skin), you felt a definite stabbing, pinching feeling when the smoke hit it, just before it went south, into your lungs? After you were smoking for a few months, that seemed to go away, didn’t it? And that nausea that you felt, that “green” feeling went away too. Well, guess what! No they didn’t go anywhere. Your throat is still sending that same pain message to your brain. You’re still feeling a bit queasy and nauseous when you smoke, especially that first one in the morning. But why aren’t you consciously feeling it? Because your brain has decided not to acknowledge those signals. It has built a mental callous around the nerve endings that receive and process this information. After all, if you heard a fire bell ringing, you’d jump up to see where the fire is. But if you heard that bell for days, weeks, months, years, and the fire department never showed up, you’d eventually learn to tune out the sound. When I was first married, we lived in a mobile home right next to a railroad track. Every morning at about four a.m. that train would come bustling down the line and blow the whistle when it came just about even with our trailer. After several months, I learned to tune it right out and sleep right through it. Then, after a year, we moved to another park, you guessed it, right on the tracks. We got the spot cheaper than most of the rest because of its location. I never missed a nights sleep. My brain was already conditioned. Your body has conditioned itself to survive the massive doses of poison you have been taking by moving chemicals around in your system, and manufacturing others to combat the enemy. Once your body realized that you were not only not going to respond to the urgent call of the pain and queasiness it was sending you, that you were going to continue to do the behavior that caused the pain, it began to attempt to compensate for that pain and sickness on its own. Its first step was to begin to deny that you were even feeling the pain in your throat, or the nausea in your gut. It just ignored it. But now, with a desire to heighten your awareness, and let your body do the right thing, all you have to do is look for those signals again. When you take that first hit in the morning, look for that “tickle” in the back of your throat, and ask yourself if you really aren’t a bit more nauseous right after you smoked than you were before. I know very few smokers who ever eat breakfast. They say, as I did, “Well, I’m just not a breakfast kind of person.” Bulls**t! The reason you don’t eat in the morning is because you are already sick to your stomach from the cigarette, and your body knows that if you put food on top of that poison, it’s likely to come back up, or at least want to. Your stomach has a great deal of difficulty digesting when it’s busy trying to deal with being poisoned. The more you look for those signs that the actual physical act of smoking isn’t pleasant, the more you will find them. You will not have to manufacture them. You won’t have to pretend to feel them. Just look for them. They are there. They have been since your first smoke. Once you stop denying them, and they re-emerge, you will be very near the end of your dependence upon tobacco. At the point that you think, “Oh crap, I have to smoke

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How to Quit Smoking Without Willpower or Struggle now,” you have broken the back of your enemy, and it’s only a matter of time before you realize, as I did one evening that hey, I haven’t smoked all day! I’ve had this pack with me right here, and I haven’t even thought of smoking one all day! (Right then I lit one up, began to puff urgently, and immediately got so sick I had to sit on the bed with my head between my legs for several minutes!) Once you get down to that regular four a day habit, don’t try by willpower to reduce it any further. Let your body do that all by itself. It’s first signs that it’s taking over the process is when you find that you’ve only taken two drags from the cigarette, but you feel like pitching it already anyway. Let this process take as long as it needs to take. Don’t rush it, but don’t fall back to your “old” brand, or stop counting them, or start smoking socially all the time again. This is not to say that if you do any of these things, the process won’t work. It will always work to the degree you do the behaviors that you can do without willpower. Remember, do not struggle with this process. You cannot prove it is wrong, or “won’t work for you”, by not committing to it fully, or just reading it. The process works. The question is, will you work it? Just like when you started smoking, the choice is yours. How much effort is it to change brands? How much effort is it to count your cigarettes? How much effort is it to begin to smoke alone and speak to the cigarette? How much effort can it take to throw away half a used butt, once you no longer have the urge to smoke it? How much effort does it take to ask yourself what the reason for the next cigarette is, and if you can do without it, even for a few minutes? If any of this is too much effort, just use of it what is not. And if it’s all too much for you, how did you ever get this far in this little book?

Tobacco Company research researchers, dating back to 1968, re realized pesticide cide used alized that the pesti on to cancer. cer. tobacco caused can 33

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Chapter 10 The Ghost of Smoker Past Over my lifetime I have read, sincerely studied, many self-improvement books. There are a similar themes running through all of them, stated in many different forms, using different terms. One of the most popular, and I believe most accurate, is that the brain, on a subconscious level, cannot distinguish between reality and vividly detailed imagination or fantasy. An excellent example is given in Maxwell Maltz’s “Psycho Cybernetics”, wherein he related to a test given on a basketball court. Seventy-five subjects were tested in groups of twenty-five. First, all three groups were tested as to their accuracy rating at making a basket from the free-throw line. Then the first group was instructed to practice with a real ball for an hour each day for thirty days. Group Two was to sit on a chair at the free-throw line and see themselves practicing with their “minds eye”, making shots, missing and correcting, and making more. The third group was instructed not to practice at all. At the end of the thirty days, Group Three had not changed. Group One improved 43% by practicing with a real ball in real time. Group Two improved 42% by simply visualizing the practice. Their bodies reacted to the vividly imagined practice almost identically to those who actually physically practiced. This is because the imprint upon the brain was nearly the same. This is the reason we can laugh or cry when we see funny, sad, or poignant scenes in movies, even when we intellectually know full well that the moment was contrived by technicians and actors, and isn’t even really happening at that moment. We allow ourselves to believe in the moment so effectively, that our bodies react as if what we are seeing is really happening. Given this information, there was one incredibly valuable element I developed for this process. I had become a smoker in a moment, as a result of a decision that I had consciously made. I then by repetition, sent the order deep into my subconscious, where it had been a running program, keeping me coming back to smoking over and over, even when I “thought” I didn’t want to. Then I asked myself a great question. Can I go back into my past memories and remake that decision differently? I can say now from actual experience that yes, I can, and so can you. It worked for me by frequent repetition of the following exercise. 34

How to Quit Smoking Without Willpower or Struggle As a student of hypnosis, I learned that hypnosis is actually nothing more than relaxation, concentration, and cooperation. Self-hypnosis is that state we’ve all been in so many times when we’ve only thought of it as memorizing our own new telephone number, or watching a television show. One must be in a state of hypnosis to a large degree in order to perform either of these tasks. For this to apply to your needs, you must understand that you do not need an extensive course on hypnosis to be able to hypnotize yourself right now. It is as simple as this. Find a comfortable spot to recline. Recliner chairs work well, but a bed or couch will work just as well. Begin to relax each and every muscle in your body by consciously thinking about that set of muscles until you feel them tingle without moving them. Begin with your toes and work your way very slowly up your body, paying much attention to your diaphragm area, and your neck muscles. Contact each area of your face and head with your mind. While doing this, count backward from twenty, and loosely assign a number to each area of your body, starting with your toes as twenty. Then, as you move your concentration upward, count backward. By the time you get to your head, you should be at five. Then relax your face, neck, scalp, etc. with the last numbers, ending with zero. This way, each time you do the exercise, as you count the number, your body will know what area you want it to relax. After a half dozen exercises, you will be amazed at how fast you can completely relax your physical body by counting backward. Opening up your body and mind to self-hypnosis really is this simple. Next, fantasize the most pleasant scene you can to relax your mind. It may be a scene from your past, or one you hope to have in the future. I tend to think of a beach in Thailand. Or perhaps you are more of an indoor person. Whatever your image is, picture details in bright color. If there are or were sounds, listen for them. Once you have accomplished a state of as nearly complete relaxation as the above can bring you. Begin to remember the approximate time when you began smoking. First the general time in your life, then zoom in tighter and tighter until you bring yourself back to that moment when that decision was made. See yourself from a few feet away, watching that younger, more naive and foolish person before you, making that first serious, life-threatening mistake. Yell out (silently) to him/her. Say whatever you can to convince her/him not to proceed, even though you may believe that this will do no good. Next, go inside that young body and brain and see the cigarette in your hand. Remember if you were sitting or standing. If you can’t remember, this 35

How to Quit Smoking Without Willpower or Struggle may come to you after a few exercises. If it does not, put yourself sitting or standing or whatever position you believe you may have been in. Are you alone? What time of day is it? Are you near a window? In a car? See as much detail as you can. Now listen for that older person (you, as you are today) out there in front of you, imploring you not to do this. Remember yourself ignoring that voice of conscience you heard back then and faintly hear now. Each time you do the exercise, move toward deciding not to smoke. As quickly as you feel it is credible, see yourself putting the cigarette back into the pack and deciding not to become a smoker. Work to make that a real memory. At first, this may seem a waste of time. The relaxation will feel good, but remaking the decision may seem futile. After all, you “know” how you decided. You have the evidence, your habit. But the more you do the exercise (I recommend a minimum of once a day, just before you go to sleep), the more your brain will begin to get the mixed message and begin to question the original decision and memory. After all, it cannot tell the difference in reality between this image of the event and the original one. It’s only measure as to which program to follow is by measuring with how much passion, commitment, and detail the program (memory) was installed (remembered). So the more you can allow yourself to believe that you can indeed change that decision that lies so deeply embedded in your brain and body, the faster you will actually get it changed. Once it has changed over 50%, you will be very nearly at the end of your habit. Of course, somewhere in my brain is still the recorded memory of how I started to smoke and the vague memories of smoking. But in my body, the part that runs my habits, I feel no attachment to cigarettes whatsoever. I have no desire, nor feel any resistance. Only a natural revulsion to the smoke, and the emotional regret at seeing the genocidal conspiracy the wealthy tobacco peddlers continue to perpetrate upon mankind. Using this technique will definitely disturb your habit at its root. Of course we cannot change the past. We can only change the way we remember it, and the effect that those memories have on us today. We can do that, and you must do that in order to completely remove the habit, rather than “cap” it, and simply deny it is there. This habit is just like the weeds we find in our gardens. Unless we pull them up by the full roots, they may well begin to grow again, robbing our valuable fruits and vegetables of the nutrients they need to grow to their optimum. Your cigarette habit is doing the same to your nutrients in your body. 36

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Chapter 11 The Ghost of Smoker Present Do you have children at home? If you do, then you, by example, whether you like it or not (and whether you believe it or not), are teaching them to smoke. You cannot help but be doing it. The ancient homily, “Actions speak much louder than words,” is totally valid. Your children are watching you. They want to be like you. They see when you smoke, you look like those people in the ads. They know that as long as they are considered to be children, they will not be allowed to smoke. It is an “adult” thing to do. They want to be “grownup” so badly that they will take any action to emulate that state. If you smoke, they will most likely also. Is that what you want? Have you noticed that most, if not all, of your friends are smokers? Do you think this is coincidence? Perhaps some of it is. But have you ever thought that people who may otherwise have liked to be friends with you will not pursue a relationship with you just because you smoke? Don’t scoff. Very few of my close friends smokes. No accident. I choose not to be with or around smokers whenever I can avoid it. And not just because of the smoke. Smokers have a subtle lack of sensitivity about life. It is a must for them. One cannot be truly aware and tuned in and still be killing themselves every day. I can’t watch someone I really care for kill themselves in front of me. I will not allow them to smoke in my house or car. I don’t want my furniture, clothes, or hair to smell like theirs. Smokers are unaware of how they smell because they have smelled that way so long that they have become inured to the odor. Besides, the smoke has deadened a great deal of their taste buds, which are also the tools of the nose. No, I don’t associate with junkies, alcoholics, or smokers. Are you a junkie? A cigarette junkie? Wet your index finger and wipe a stroke down any window in your home. Now look at your finger and the window. Is there a “clean” stripe on the window, and a faint yellow/brown stain on the tip of your finger? How do you think the lining of your lungs look? Your lungs are the intake port for all the oxygen in your body, without which your brain starves and you die. You are filtering your primary source of life through poison gunk. Would you strain your water through a dirty diaper before you drank it? Nasty thought? Sure! Pulling your air through poison tar isn’t any less nasty. Or less unhealthy. You can only do it if you don’t think about it. Wake up! There are evil people in this world, no doubt. The man who kidnapped Polly Klaas and murdered her is surely one. I can cite hundreds of others. So 37

How to Quit Smoking Without Willpower or Struggle can you. But the most evil, vicious, insidious, genocidal, satanic, soulless, depraved, immoral, corrupted group of people on this planet are those who head the tobacco companies. They, with full knowledge and forethought, are killing millions of people all over the world, and doing so not only with impunity, but with government subsidy. That’s right. They not only make an incredible profit from their sin, but manage to bribe, influence, and induce our government to give them our tax dollars as well! And they sit before our elected leaders and swear to God Almighty that they honestly believe that nicotine is not addictive, while they inject larger amounts than is naturally found in tobacco into the cigarettes and paper they are selling. Why? Because they are lying killers who care nothing for you, your families, or themselves. They live only for corporate profits and their own selfaggrandizement and wealth. They are sociopathic criminals, who believe that there is no day of reckoning coming. They are well educated, articulate, “intelligent” people who have not been abused by bad parents, as were the street criminals we rejoice in capturing and placing on death row. They know what they are doing, and have known for over forty years. Yet they continue not only to do so, but pay our elected leaders hundreds of thousands of dollars each year to be allowed to continue. If you check the current campaign contribution roster, you will find that tobacco companies have donated millions to the Republicans, while almost none to the Democrats. Presidential Candidate Dole made speeches proclaiming that he does not believe that cigarettes are addictive, and actually smoked one from the podium, while soliciting money from a tobacco peddlers dinner/fund-raiser function during his campaign. He left with hundreds of thousands of dollars over the table, and an unknown amount from under it. If you are a smoker, you are a pawn in their game. You are simply a cash register from which they withdraw their lifestyle at the expense of your health. Beyond that, your life, your welfare, your sanity, your children, mean nothing to them, no matter what they say. Based strictly upon results, they are killers, and you are their victim. Their only justification is that you are choosing to be that victim. You are signing up for their abuse with each and every pack you purchase. They are drug dealers. Yet we hold heroin dealers in contempt and imprison them as fast as we find and convict them. They do not go house to house, injecting their poison into you and your children. They do not pour billions of dollars into advertising the use of their product. They have no mass-marketing scheme. They don’t get money from the government to help them grow more poppies. The general public 38

How to Quit Smoking Without Willpower or Struggle views them as the scum of society. Yet heroin is not as addictive nor lethal as tobacco. It is true. Research it yourself and you will have to agree. So do you want to continue to be a junkie victim for the men who dress in $1,000 suits, own million dollar yachts and multimillion dollar homes? Do you want your children to be? They are right about this. It is your choice. In your hands right now is the answer to the question, how do I stop? Use it, or suffer the consequences.

Tobacco companies were the largest con contributors tributors to the Re Republican Party’s national fund-raising committees.

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Chapter 12 The Ghost of Smoker Future Here’s the last of the process. Once you’ve begun all the other steps up to here, there’s just one more to take. This one is a field trip. I highly recommend that you take a trip to your local Veteran’s Hospital. Take a walk through the lung ward. That’s right, they have a whole ward dedicated to lung patients. Almost all of them have cancer and emphysema. Almost all of them were a “pack a day” man. Take a look at them. Talk to them. Ask them how many of them are still sneaking a smoke or two when the nurses aren’t looking. Look into their eyes. Look at their skin. Listen to them breathe. You will hear that near distant death rattle. Then ask yourself if this is how you want to spend your final days and hours. Perhaps you will be so well insured or so prosperous that you will be able to afford far better, classier medical treatment. That will make being that sick a little more pleasant, if it can be called that. If you’re not a vet, and don’t have insurance later, you may wind up in a county hospital. Trust me, you don’t want to let that happen! Lung wards of hospitals are not pleasant places, even to visit. I speak from experience. It was there that I lost my father to lung cancer. He was fiftyseven years old. The biggest tragedy for me was that we weren’t near finished dealing with the problems between us. Now I’ve had to work on them all by myself, talking to his ghost and my memories. I want to be there when my child needs to say the things to me that I’ve had to say to an empty chair. Perhaps you will have a fatal accident long before this can happen to you, or something or someone else will take you early. Perhaps, in spite of the “minor unpleasantness” that smoking affects upon you, you may live to be 100, like George Burns. But most very likely not. Do you really want to take that chance?

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Part of the brain reacts the same way to nicotine that it does to cocaine, heroin, and other addictive drugs.

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Epilogue It has now been over twenty years since I mark the death of the habit I started sixteen years before that. I calculate that I smoked approximately one hundred twenty-five thousand cigarettes over that period of my life. That works out to roughly a million times I dosed myself with poison. At an average price of a nickel apiece, that comes to better than $6,250. The money was the very least of the waste. I know that my skin would today be in much better shape than it is, had I not poisoned myself so much, so often during my formative years. And recently a medical research report was released, stating that the macro-retina portion of the eye is destroyed by smoking. (And I thought I needed reading glasses only because I was getting older.) As I’ve already said, I know that today I sleep better, awake far easier, have better breath and cleaner teeth, have far less body odor, shinier healthier hair, far more wind, and I could go on and on about the differences in my life. I also know that I probably could not have been able to do it, had I stayed with my first wife, who smoked them with me, butt for butt, and who has recently had smoking related tumors removed from her mouth and tongue. I know that when one is in an intimate relationship with another, their habits tend to become your habits and vice versa. I was single when I developed this process, and refused to allow my dates to smoke around me, or in my house. When I met and began a serious relationship with my current wife, I gave her six months to end her habit. I know it sounds a bit cold and callous to say to someone you are telling that you love, that if they don’t quit smoking, you are going to end the relationship. But as I saw it, and still do, the pain of ending that relationship would have been nothing compared to the pain, twenty or thirty years down the line, of hearing the words, “the tumor is malignant and inoperable”. I had decided that, if I was going to commit to another long term relationship, it would not be with another smoker. To this day, she has only praise for my decision, and has not smoked now for fifteen years. Should she find herself alone again for any reason, she would never get into another relationship with a smoker. They (you) stink! I have written this book for both profit and charity. I take profit from it and shall donate a good portion of it to The American Cancer Society, and other nonprofit, charitable organizations that are dedicated to eradicating this evil enemy from our society. But my best reward is in my knowing that 42

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perhaps someone somewhere, who may not have had the ability or strength, as I did not, to physically combat tobacco, might find their way out of this insidious trap by way of this writing. I hope this has enlightened you to some degree, and even if you do not choose to begin the process now, let what’s been written here roll around your brain for a few days. Some of it just may begin all by itself. You see, your body really does not want to be poisoned, and your brain is telling you that you want to stop. Let them take over. You’ll be surprised at the results. It all starts simply with that little card and pencil, counting your habit. Not too tough, is it?

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These photos are autopsy photos of people who have died as a direct result of lung failure, due to smoking. Although they are now deceased, this is how their lungs looked while they were still alive.

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How do you think your lungs compare?

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HELPFUL LINKS The following are links to valuable World Wide Web sites that may assist in quitting smoking. However be warned, most propose that the best way to quit is “cold turkey” which you know by now is not promoted in this book. • http://www.ash.org ASH (Action on Smoking and Health) has tons of current information about tobacco and tobacco companies, the government, and the law. ASH is one of the oldest and best-informed anti-tobacco organizations on the planet. It has been instrumental in many societal changes in tobacco use behavior, dating back over thirty years. • http://www.PresMark.com/chat.htm The “How to Quit Smoking Without Willpower or Struggle” chat board. Always open. • http://www.PresMark.com/BB.htm The “How to Quit Smoking Without Willpower or Struggle” bulletin board. Always open. • http://www.quitsmokingsupport.com/ One of the original “quit smoking” sites on the Internet. Lots of features.

• http://www.intelihealth.com/ Johns Hopkins, on smoking and your digestion. Valuable and accurate medical information every smoker should know. • http://www.thetruth.com Highly controversial anti-tobacco and anti-tobacco companies site funded by The American Legacy Foundation, which is in turn funded by the $1.5 billion in partial payment from the tobacco companies against the multibillion dollar settlement. This site is under scrutiny and may be pulled soon. But it does what it says. It tells the truth.

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How to Quit Smoking Without Willpower or Struggle The following text was taken from public record. Its form has been altered slightly in order to fit the format of this book. However, its content remains, word for word, (error for error,) intact. If someone has lost a loved one because of tobacco use, and therefore believes they also may have a legal cause of action against a tobacco company, they may, should they so choose, use this complaint as a model for their own action. They must, of course, substitute the names and circumstances of the situation. However, the references to how, what, when, and where of the tobacco companies actions could probably be used verbatim. I strongly suggest that one employ a competent attorney, or contact the legal firm or firms listed as bringing this action at the end of the suit. This comment is in no way suggesting legal advice, nor an attempt to practice law. It is simply a suggestion as to what course of action one might take, should one have lost a loved one to tobacco, and choose to pursue legal action.

David McLean was hired to portray the Marlboro Man. He was obligated to smoke Marlboro cigarettes, up to five packs per take, in order the get the ashes to fall a certain way, the smoke to rise a certain way, and the hand to hold the cigarette in a certain way.

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MARLBORO MAN’S WIDOW SUES PHILIP MORRIS 10/03/96 (Formatted to fit book and for ease of comprehension, but text unaltered)

The widow of David McLean, one of the models for the Marlboro Man commercials, has now sued Philip Morris, alleging that her husband died from smoking—and especially from having to smoke as many as five packs a day when commercials or print ads were being made. Below is a copy of the legal complaint filed by the plaintiff: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION LILO MCLEAN, individually and successor in interest to DAVID MCLEAN, deceased, and MARK HUTH, individually Plaintiffs, vs. PHILIP MORRIS, INC.; LIGGETT & MYERS, INC.; LIGGETT GROUP, INC.; BROOKE GROUP, INC.; R.J. REYNOLDS TOBACCO COMPANY; BROWN & WILLIAMSON TOBACCO CORPORATION; THE AMERICAN TOBACCO COMPANY; B.A.T. INDUSTRIES P.L.C.; LORILLARD TOBACCO COMPANY; THE COUNCIL FOR TOBACCO RESEARCH-U.S.A., INC.; THE TOBACCO INSTITUTE, INC. Defendants. Civil Action 96CV167

COMPLAINT FOR PERSONAL INJURIES AND WRONGFUL DEATH 1. 2. 3. 4. 5.

FRAUD AND DECEIT NEGLIGENT MISREPRESENTATION MISREPRESENTATION TO CONSUMERS BREACH OF EXPRESS WARRANTY BREACH OF IMPLIED WARRANTY

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How to Quit Smoking Without Willpower or Struggle PLAINTIFF’S ORIGINAL COMPLAINT COME NOW Plaintiffs, LILO MCLEAN for herself and on behalf of the ESTATE OF DAVID MCLEAN, and MARK HUTH, AKA MARK MCLEAN, (hereinafter “Plaintiffs”), and for counts against Defendants, and each of them, complain and allege as follows. NATURE OF THE CASE 1. In the early 1960s, Philip Morris, Inc., came up with perhaps the most famous advertising image ever created—the Marlboro Man. The portrait of a rugged, adventurous cowboy smoking a cigarette atop a horse against a scenic mountainous backdrop is used effectively to this day, making Marlboro the best selling cigarette in the world. But while the prominent image of the Marlboro Man lives on, David McLean, the actor who originally portrayed the Marlboro Man, has died of lung cancer. Cigarettes killed the Marlboro Man. 2. By this action, Plaintiffs LILO MCLEAN, the wife of David McLean, and MARK HUTH, AKA MARK MCLEAN, the son of David McLean, seek damages for wrongful death and personal injuries to David McLean based on common law theories of fraud and deceit, negligent misrepresentation, misrepresentation to consumers, breach of express warranty, and breach of implied warranty.

JURISDICTION 3. This Court has jurisdiction over this action pursuant to 28 U.S.C. Sec. 1332 (diversity jurisdiction) because the amount in controversy exceeds $50,000, exclusive of interest and costs, and because Plaintiffs are a citizens of a different state than the Defendants.

VENUE 4. Venue is proper in this District pursuant to 28 U.S.C. Secs. 1391 and 1392. David McLean purchased and smoked cigarettes that were manufactured and sold by Defendants in the Eastern District of Texas. Additionally, Defendants advertised in this District, received substantial compensation and profits from the sales of cigarettes in this District, and made material omissions and misrepresentations and breached warranties in this District.

PARTIES A.

Plaintiffs

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How to Quit Smoking Without Willpower or Struggle 5. Decedent David McLean was a resident of Los Angeles, California. Due to his addiction to nicotine, David McLean used and could not discontinue the use of cigarettes, which caused him to die of lung cancer in 1995. 6. Plaintiff LILO MCLEAN is an individual residing in Los Angeles, California, and was the wife of David McLean for over forty years. 7. Plaintiff MARK HUTH, AKA MARK MCLEAN, is the son of David McLean residing in Los Angeles, California. B.

Defendants

8. Defendant Philip Morris Incorporated (hereinafter “Philip Morris”) is a Virginia corporation having its principle place of business located at 120 Park Avenue, New York, New York. Defendant Philip Morris manufactures, advertises and sells Marlboro, Philip Morris, Merit, Cambridge, Benson & Hedges, Virginia Slims, Alpine, Dunhill, English Ovals, Galaxy, Players, Saratogo and Parliament cigarettes throughout the United States and in Texas. 9. Defendant Liggett & Myers, Inc., is a Delaware corporation whose principal place of business is located at Main and Fuller, Durham, North Carolina. Liggett & Myers, Inc., is a wholly owned subsidiary of Defendant Liggett Group, Inc., a Delaware corporation whose principal place of business is located at 700 West Main Street, Durham, North Carolina. Defendants Liggett & Myers, Inc., and Liggett Group, Inc., are subsidiaries of Defendant Brook Group, Ltd., a Delaware corporation, whose principal place of business is located at 300 North Duke Street, Durham, North Carolina. Defendants Liggett & Myers, Inc., Liggett Group, Inc., and Brook Group, Ltd., manufacture, advertise, and sell Chesterfield, Decade, L&M, Pyramid, Dorado, Eve, Stride, Generic, and Lark cigarettes throughout the United States and Texas. 10. Defendant R.J. Reynolds Tobacco Company is a New Jersey corporation whose principal place of business is located at Fourth and Main Streets, Winston-Salem, North Carolina. R.J. Reynolds Tobacco Company manufactures, advertises, and sells Camel, Vantage, Now, Doral, Winston, Sterling, Magna, More, Century, Bright Rite, and Salem cigarettes throughout the United States and in Texas. 11. Defendant Brown & Williamson Tobacco Corporation is a Delaware Corporation whose principal place of business is located at 1500 Brown & Williamson Tower, Louisville, Kentucky. Defendants Brown & Williamson Tobacco Corporation manufactures, advertises, and sells Kool, Barklay, BelAir, Capri, Raleigh, Richland, Laredo, Eli Cutter, and Viceroy cigarettes throughout the United States and Texas. 12. Defendant The American Tobacco Company, Inc., is a Delaware corporation whose principal place of business is located at Six Stamford Forum, Stamford, Connecticut. The American Tobacco Company manufacturers, advertises, and sells Lucky Strike, Pall Mall, Tareyton, Malibu, American, Montclair, Newport, Misty, Barkely, Iceberg, Silk Cut, Silva Thins, Sobrana, Bull Durham and Carlton cigarettes throughout the United States and in Texas. 13. Defendant B.A.T. Industries P.C.L. is a British corporation with its principal place of business at Windsor House, 50 Victoria Street, London. Through a succession of intermediary corporations and holding Companies, B.A.T. Industries P.L.C. is the sole shareholder of Brown

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How to Quit Smoking Without Willpower or Struggle & Williamson Tobacco Corporation. Through Brown & Williamson, B.A.T. Industries P.L.C. has placed cigarettes into the stream of commerce with the expectation that substantial sales of cigarettes would be made in the United States. In addition, B.A.T. Industries P.L.C. conducted, or through its agents and/or co-conspirators conducted, critical research for Brown & Williamson Tobacco Corporation on the issue of smoking and health. Further, Brown & Williamson Tobacco Corporation is believed to have sent to England research conducted in the United States on the issue of smoking and health in an attempt to remove sensitive and inculpatory documents from the United States jurisdiction, and these documents were subject to the control of B.A.T. Industries P.L.C. B.A.T. Industries P.L.C. has been involved in the conspiracy described herein and the actions of B.A.T. Industries P.L.C. have effected and caused harm in Texas. 14. Defendant Lorillard Tobacco Company is a Delaware corporation having its principal place of business located at One Park New York, New York. Defendants Lorillard Tobacco Company manufactures, advertises, and sells Old Gold, Triumph, Satin, Max, Spring, Newport, and True cigarettes throughout the United States and Texas. 15. Defendant The Council for Tobacco Research-U.S.A., Inc. (hereinafter “CTR”), successor in interest to the Defendant Tobacco Industry Research Committee (“TIRC”), is a nonprofit corporation organized under the laws of the State of New York having its principal place of business at 900 3rd Avenue, New York, New York 10022. 16. Defendant The Tobacco Institute, Inc. (hereinafter “Tobacco Institute”) is a New York corporation, having its principle place of business located at 1875 “I” Street, N.W., Suite 800, Washington, D.C. Defendant Tobacco Institute has since its incorporation in 1958, operated as the public relations and lobbying arm of the tobacco companies. 17. Beginning as early as the 1950s, and continuing until the present day, Defendants, and each of them, entered into an agreement with the intentional and unlawful purpose and effect of restraining and suppressing the dissemination of information on the addictive effects of nicotine and the harmful effects of smoking; restraining and suppressing the research, development, production, and making of a safer cigarette. In furtherance of Defendants’ conspiracy, Defendants lent encouragement, substantial assistance, and otherwise aided and abetted each other with respect to these wrongful acts, and the other wrongful acts set forth herein. As a result of the conspiracy, the Defendants are vicariously, and jointly and severally liable with respect to each of the actions described herein. 18. At all times herein mentioned, Defendants, and each of them, were acting as an agent of each of the other named and unnamed Defendants, and at tall times herein mentioned were acting within the scope, purpose and authority of that agency and with the full knowledge, permission and consent of each of the other Defendants. 19. Each Defendants is sued individually as a primary violator and as a co-conspirator, and the liability of each Defendants under each of the causes of action alleged herein arises from the fact that each Defendants entered into an agreement with the other Defendants and third parties to pursue, and knowingly pursued, the common course of conduct to commit or participate in the commission of all or part of the unlawful acts, tortuous acts, plans, schemes, transactions, and artifices to defraud alleged herein, including but not limited to: the manipulation of nicotine

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How to Quit Smoking Without Willpower or Struggle content and the big-availability of nicotine in tobacco products and the misrepresentation, concealment and suppression of information regarding the addictive properties of nicotine, and falsely advertising, marketing and selling cigarettes as safe, non-addictive, and not containing levels of nicotine manipulated by Defendants to cause addiction. 20. The liability of each Defendants arises from the fact that each committed and engaged in a conspiracy to accomplish the commission of all or part of the unlawful and tortuous conduct alleged herein, and intentionally, knowingly, and with evil motive, intent to injure, ill will or fraud and without legal justification or excuse, engaged in the conduct herein alleged. 21. At all pertinent times, Defendants acted through their duly authorized agents, servants, and employees who were then acting in the course and scope of their employment, and in furtherance of the business of said Defendants, with the knowledge, ratification and consent of their officers, directors and managing agents. 22. Defendants listed above and their predecessors and successors in interest did business in the State of Texas and the Eastern District of Texas, made contracts to be performed in whole or in part in Texas, and manufactured, tested, sold, offered for sale, supplied or placed in the stream of commerce, or, in the course of business, materially participated with others in so doing, tobacco products which the Defendants knew to be dangerous and hazardous and which the Defendants knew would be substantially certain to cause injury to the general public. Defendants committed and continue to commit tortuous and other unlawful acts in the State of Texas and in the Eastern District of Texas. 23. The Defendants, and their predecessors and successors in interest, performed such acts as were intended to and did result in the sale and distribution of tobacco products in the State of Texas, and the consumption of tobacco products by David McLean and by citizens and residents of the State of Texas. 24. The term “addictive”, used in this Complain is synonymous and interchangeable with the term “dependence producing.” Both terms refer to the persistent and repetitive intake of psychoactive substances despite evidence of harm and a desire to quit. Some scientific organizations have replaced the term “addictive” with “dependence-producing” to shift the focus to dependent patters of behavior and away from the moral and social issues associated with addiction. Both terms are equally relevant for purposes of understanding the drug effects of nicotine.

FACTUAL ALLEGATIONS A. David McLean’s Use of Cigarettes 25. David McLean began smoking cigarettes at the age of twelve and was almost immediately addicted to the nicotine in tobacco. Because of his addiction to nicotine, Mr. McLean continued smoking cigarettes until he died at age seventy-three. 26. Due to his addiction to nicotine, David McLean smoked cigarettes everyday. Although he tried to quit smoking numerous times, his addiction to nicotine prevented him from doing so.

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How to Quit Smoking Without Willpower or Struggle 27. During the time he became addicted to the nicotine in cigarettes, David McLean did not know the adverse health consequences of smoking. Until 1964, cigarette packages and advertisements contained no warning of the adverse health effects of tobacco. David McLean was led to believe that smoking cigarettes was not harmful to his health or addictive. 28. During his long history of smoking, David McLean primarily smoked Marlboro and Chesterfield brand cigarettes. 29. In the early 1960s, already a smoker for over twenty years, David McLean was hired to portray the Marlboro Man in television and print advertising. During the taping of the commercials, David McLean was obligated to smoke Marlboro cigarettes. The commercials were very carefully orchestrated, and David McLean was required to smoke up to five packs per take, in order the get the ashes to fall a certain way, the smoke to rise a certain way, and the hand to hold the cigarette in a certain way. 30. Even after his portrayal of the Marlboro Man, David McLean continued to smoke Marlboro cigarettes, and he continued to receive boxes of Marlboro cigarettes as gifts. 31. In approximately 1985, David McLean began to suffer from emphysema due to smoking. 32. In approximately 1993, during a pre-operative check up for back surgery, David McLean’s doctors found a tumor in his right lung. After further review, David McLean was diagnosed with lung cancer. Later that year, he underwent surgery to remove the tumor and part of the lung. 33. Initially, doctors believed that the tumor had been fully removed. But in 1995, doctors discovered that cancer was still present in his right lung. Later that year, doctors discovered that the cancer had spread to his brain and his spine. Chemotherapy and other treatments administered to David McLean were unsuccessful. 34. In October of 1995, due to cancer caused by long years of smoking cigarettes, David McLean died, leaving a widow and fatherless son. B. The Industry Conspiracy On Smoking and Health: Deceiving the Public About Disease and Death 35. Through a fraudulent course of conduct that has spanned decades, Defendants have manufactured, promoted, distributed, or sold tobacco products to millions of consumers, including David McLean, knowing, but denying and concealing, that their tobacco products contain a highly addictive drug, known as nicotine, and have, unbeknownst to the public, controlled and manipulated the amount and big-availability of nicotine in their tobacco products for the purpose and with the intent of creating and sustaining addiction. 36. The Tobacco Companies reap enormous profits from their manufacture and sale of cigarettes to consumers throughout the United States, including the State of Texas. The Tobacco Companies’ earnings for the last year alone exceeded six billion dollars. The Tobacco Companies, make, advertise and sell cigarettes despite their knowledge of the following facts: More than 10 million Americans have died as a result of smoking cigarettes; almost one death in every five is due to a smoking-related illness; the leading cause of preventable death in the United States today is smoking cigarettes; smoking causes cardiovascular disease and is responsible for approximately one third of all heart disease deaths; smoking causes almost all lung

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How to Quit Smoking Without Willpower or Struggle and throat cancer deaths; smoking causes various pulmonary diseases, including emphysema; smoking causes stillbirths and neonatal deaths among the babies of mothers who smoke; and cigarettes may contain any number of approximately 700 additives, including a number of toxic and dangerous chemicals. 37. Despite the overwhelming weight of scientific evidence that smoking cigarettes and using smokeless tobacco pose serious health risks, and despite the gruesome statistical legacy left by the tobacco industry, approximately 50 million Americans continue to smoke cigarettes, including 3,000 new teenage smokers daily, and millions more continue to use smokeless tobacco because they are addicted to these products. More specifically, they are addicted to nicotine, the drug in tobacco that causes an addiction similar to that suffered by users of heroin and cocaine . 38. Cigarettes contain nicotine. Nicotine is an addictive substance and the use of cigarettes results in addiction to them. Nicotine causes compulsive use of cigarettes, despite knowledge that they are harmful, if not lethal; nicotine has a psychoactive (mood-altering) effect in the brain; and, nicotine invokes what is called “reinforcing behavior,” causing continued use of the nicotine-containing products. Cigarette smokers suffer an inability to quit, notwithstanding a desire to do so, and those who do quit (or attempt to) endure withdrawal symptoms such as headaches, insomnia, depression, lack of concentration, and anxiety. 39. The addictive power of nicotine is further illustrated by these statistical facts: at least two-thirds of adults who smoke say they wish they could quit; 17 million Americans try to quit smoking each year, but fewer than 1 out of 10 succeed; for every smoker who quits, 9 try and fail; 8 out of 10 smokers say they wish they had never started smoking; among smokers who suffer heart attack, 38% resume smoking while they are still in the hospital; even when a smoker has his or her larynx removed, 40% try smoking again; 70% of young people ages 12 to 18 who smoke say they believe they are already dependent on cigarettes; and 40% of high school seniors who smoke regularly have tried to quit and failed. According to David A. Kessler, MD, Commissioner of the United States Food and Drug Administration, “Once they have started regularly, most smokers are in effect deprived of the choice to stop smoking . . . . Seventeen million Americans try to quit smoking each year. But, more than 15 million are unable to exercise that choice because they cannot break their addiction to cigarettes.” C. Knowledge That Nicotine Causes Addiction 40. The fact that nicotine delivered by tobacco products is highly addictive was carefully and comprehensibly documented in the 1988 Surgeon General’s Report, “The Health Consequences of Smoking: Nicotine Addiction.” The major conclusions contained in this report are (a) “Cigarettes and other forms of tobacco are addicting;” (b) “Nicotine is the drug in tobacco that causes addiction;” and © “The pharmacologic and behavioral processes that determine tobacco addiction are similar to those that determine addiction to drugs such as heroin and cocaine.” Likewise, in a 1988 report addressing the health effects of smokeless tobacco, the World Health Organization concluded: “[T]here is ample evidence that the blood nicotine levels of smokeless tobacco users were as high as or even higher than those found in many cigarette smokers. Its continued use, therefore, does cause addiction and dependence in humans.”

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How to Quit Smoking Without Willpower or Struggle 41. Nicotine is now recognized as an addictive substance by such major medical organizations as the Office of U.S. Surgeon General, the World Health Organization, the American Medical Association, the American Psychiatric Association, the American Psychological Association, the American Society of Addiction Medicine, the American Public Health Association, and the Medical Research Counsel in the United Kingdom. The National Institute on Drug Abuse has called cigarette smoking the most common example of drug dependence in the United States. 42. Despite the recent recognition of nicotine’s addictive properties by these and other organizations, the Tobacco Companies and their distributors continue to misinform the general public. Although it now appears that the Tobacco Companies have known for decades, on the basis of their own long-concealed research and testing, that nicotine is addictive, they have denied, and have continued to deny, that nicotine is addictive. The Tobacco Companies’ insistence and affirmative denial that nicotine is addictive, coupled with their pervasive advertising, promotional and public relations strategy, is designed to and has effectively nullified the public’s meaningful appreciation of the nature and extent of nicotine dependence. Specifically, the Tobacco Companies, emphasis on smoking as a voluntary personal choice and its positive social benefits misleads the public, especially the impressionable young people, into thinking that smoking may be stopped as easily as started. Knowledge of addiction then may thus come too late, when the phenomenon of addiction prevents or complicates any “personal choice” to quit.

1.

The Tobacco Companies’ Understanding of Nicotine Addiction.

43. The Defendants know of the difficulties smokers experience in quitting smoking and of the tendency of addicted individuals to focus on any rationalization to justify their continued smoking. The Defendants exploit this weakness and capitalize upon the known addictive mature of nicotine. Nicotine addiction guarantees a market for cigarettes. The addictive nature of the nicotine in cigarettes virtually eliminates personal choice in those who become addicted. 44. By no later than the early 1960s, and perhaps as early as the 1940s, the Tobacco Companies were fully aware, based on their own scientific research, that nicotine was an addictive substance and that regular cigarette smoking results in nicotine dependence. For example, an internal Philip Morris report from 1971 describes the difficulties a smoker has in stopping smoking one they are addicted to nicotine. “Even after eight months, quitters were apt to report having neurotic symptoms, such as feeling depressed, being restless and tense, being illtempered, having a loss of energy, being apt to doze off, etc. They were further troubled by constipation and weight gains . . . .” 45. An internal report written in 1973 by William J. Dunn, Jr., a senior scientist with Philip Morris, says the following: The primary incentive to cigarette smoking is the intermediate salutatory effect of inhaled smoke upon body function . . . . As with eating and copulating, so it is with smoking. The physiological effects serve as the primary incentive: all other incentives are secondary . . . Without nicotine,

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How to Quit Smoking Without Willpower or Struggle the argument goes, there would be no smoking. Some strong evidence can be marshaled to this argument: (1) No one has ever become a cigarette smoker by smoking cigarettes without nicotine. (2) Most of the physiological responses to inhaled smoke have been shown to be nicotine-related. 46. Another internal Philip Morris document, this one from 1981, acknowledges that: Nicotine is a powerful pharmacological agent with multiple sites of action and may be the most important component of cigarette smoke. Nicotine and an understanding of its properties are important to the continued well being of our cigarette business since this “alkaloid has been cited often as the reason for smoking” and theories have been advanced for “nicotine titration” by the smoker. Nicotine is known to have effects on the central nervous system as influencing memory, learning, pain perception, response to stress, and level of arousal. 47. Additional documents are, likewise, replete with evidence of such knowledge: a. In 1962, Sir Charles Ellis, scientific advisor to the board of directors of British American Tobacco Company (“BATCO”), Brown & Williamson’s parent company, stated at a meeting of worldwide subsidiaries, that “smoking is a habit of addiction” and that “[n]icotine is not only a very fine drug, but the technique of administration by smoking has considerable psychological advantages ...” He subsequently described Brown Williamson as being “in the nicotine rather than the tobacco industry.” b. A research report from 1963 commissioned by Brown & Williamson states that when a chronic smoker is denied nicotine: “A body left in this unbalanced state craves from renewed drug intake in order to restore the physiological equilibrium. This unconscious desire explains the addiction of the individual to nicotine.” No information from that research has ever been voluntarily disclosed to the public; in particular, it was not shared with the committee that was preparing the first Surgeon General report and hence was not reflected in that report. c. Addison Yeaman, General Counsel at Brown & Williamson, summarized his view about nicotine in an internal memorandum also in 1963: “Moreover, nicotine is addictive. We are, then, in the business of selling nicotine, an addictive drug, effective in the release of stress mechanisms.” d. Internal reports prepared by Philip Morris in 1972 and the Philip Morris USA Research Center in March 1978 demonstrate Philip Morris’ understanding of the role of nicotine in tobacco use: “We think that most smokers can be considered nicotine seekers, for the pharmacological effect of nicotine is one of the rewards that come from smoking. When the smoker quits, he forgoes his accustomed nicotine. The change is very noticeable, he misses the reward, and so he returns to smoking.” e. From 1940-1970, the American Tobacco Company conducted its own nicotine research, funding over 90 studies on the pharmacological and other effects of nicotine on the body. This research constitutes 80% of all biological studies funded by the company over this period. In 1969, the American Tobacco Company even test marketed a nicotine enriched cigarette in Seattle, Washington. f. In a 1972 document entitled “RJR Confidential Research Planning Memorandum on the Nature of the Tobacco Business and the Crucial Role of Nicotine Therein,” an R.J.Reynolds

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How to Quit Smoking Without Willpower or Struggle executive wrote: “In a sense, the tobacco industry may be thought of as being a specialized, highly ritualized, and stylized segment of the pharmaceutical industry. Tobacco products uniquely contain and deliver nicotine, a potent drug with a variety of physiological effects.” 48. The industry’s recognition of the extent to which nicotine—and not tobacco—defines its product is illustrated in a 1972 Philip Morris report on a CTR conference, which states: a. “As with eating and copulating, so it is with smoking. The physiological effect serves as the primary incentive, all other incentives are secondary. The majority of the conferees would go even further and accept the proposition that nicotine is the active constituent of cigarette smoke. Without nicotine, the argument goes, there would be no smoking.” b. “Why then is there not a market for nicotine per se, eaten, sucked, drunk, injected, inserted or inhaled as a pure aerosol? The answer, and I feel quite strongly about this, is that the cigarette is in fact among the most awe-inspiring examples of the ingenuity of man. Let me explain my conviction. The cigarette should be conceived not as a product but as a package. The product is nicotine.” c. “Think of the cigarette pack as a storage container for a day’s supply of nicotine ... Think of the cigarette as a dispenser for a dose unit of nicotine.” 49. Documents from a BATCO study called Project Hippo, uncovered only in May 1994, show that as far back as 1961, this cigarette company was actively studying the physiological and pharmacological effects of nicotine. Project Hippo reports were circulated to other U.S. cigarette manufacturers and to TIRC, demonstrating that at least some of the industry’s nicotine research was shared. BATCO sent the reports to officials at Brown & Williamson and R.J. Reynolds, and circulated a copy to TIRC with a request that TIRC “consider whether it would help the U.S. industry for these reports to be passed on to the Surgeon General’s Committee.” 50. Similarly, an RJR-MacDonald Marketing Summary Report from 1983 concluded that the primary reason people smoke “is probably the physiological satisfaction provided by the nicotine level of the product.” 51. To this day, the cigarette manufacturers have concealed from he public and public health officials their extensive knowledge of the addictive properties of nicotine and its critical role in smoking and continue to contend that nicotine is not addictive and that cigarettes are not harmful to health. 52. As recently as December 1995, the Wall Street Journal reported on an internal Philip Morris draft document analyzing the competitive market for nicotine products for the years 1990-1992. The report describes the importance of nicotine: “Different people smoke for different reasons. But the primary reason is to deliver nicotine into their bodies.” It is a physiologically active, nitrogen-containing substance. Similar organic chemicals include quinine, cocaine, atropine and morphine. While each of these substances can be used to affect human physiology, nicotine has a particularly broad range of influence. During the smoking act, nicotine is inhaled into the lungs in smoke, enters the bloodstream and travels to the brain in about eight to ten seconds.” 53. Recently disclosed handwritten notes dated 1965 from Ronald A. Tamol, who until 1993 was Philip Morris, Director of Research and Brand Development, refer to “minimum nicotine ... to keep the normal smoker hooked.”

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How to Quit Smoking Without Willpower or Struggle 54. The cigarette manufacturers have affirmatively misrepresented to consumers and to Congress the role of nicotine in tobacco use. Even today, Brown & Williamson, R.J. Reynolds and the Tobacco Institute continue to claim that nicotine is important in cigarettes for taste and “mouth feel.” However, tobacco industry patents specifically distinguish nicotine from flavorants and an R.J. Reynolds book on flavoring tobacco, while listing approximately a thousand flavorants, fails to include nicotine as a flavoring agent. The cigarette industry has actually concentrated on developing technologies to mask the acrid flavor of increased levels of nicotine in cigarettes. 55. Patent filings by the Tobacco Companies further reveal their knowledge of the addictive quality of nicotine. In a 1971 patent filing, Philip Morris discusses maintaining the “nicotine content at a sufficiently high level to provide the desired physiological activity.” Years of numerous patent filings by the Tobacco Companies underscore the industry’s knowledge that nicotine is addictive. 56. Despite their knowledge that cigarette smoking is as a result of nicotine, extremely addictive, the Tobacco Companies still continue to deny that smoking is addictive. Through their individual advertising and public relations campaigns, and collectively through the work of the Tobacco Institute, the Tobacco Companies have successfully promoted and sold cigarettes by concealing and misrepresenting their highly addictive nature. The Congressional Subcommittee on Health and Environment commenced a public hearing March 25, 1994, on the potential regulation of nicotine-containing products under the Federal Food, Drug and Cosmetic Act. In the wake of the March 5, 1994, Congressional Hearings, spokespeople for the Tobacco Institute and the Tobacco Companies have denied in nationwide television broadcasts and print publications that nicotine is addictive. On April 14, 1994, the chief executives of each of the Tobacco Companies testified under oath before Congress and told the general public that nicotine is not addictive. Following the appearance of the Tobacco Companies’ executives before Congress, Philip Morris took out full-page newspaper advertisements that stated in part: “Philip Morris does not believe cigarette smoking is addictive.”

2.

The Waxman Hearings.

57. On February 25, 1994, David A. Kessler, MD, Commissioner of the FDA, sent a letter to Scott D. Bailin, Esq., Chairman of the Coalition on Smoking and Health, asserting: “Evidence brought to out attention is accumulating that suggests that cigarette manufacturers may intend that their products contain nicotine to satisfy an addiction on the part of some of their customers. The possible inference that cigarette vendors intend cigarettes to achieve drug effects in some smokers is based on mounting evidence we have received that: (1) the nicotine ingredient in cigarettes is a powerfully addictive agent and (2) cigarette vendors control the levels of nicotine that satisfy this addiction.” 58. In response to Kessler’s letter, on March 15, 1994, in a letter to The New York Times, James W. Johnston, Chairman and Chief Executive Officer of R.J. Reynolds, continued to as-

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How to Quit Smoking Without Willpower or Struggle sert that nicotine was not addictive. Johnston based his assertion upon the success rate of American adults who had quit smoking. 59. On March 25, 1994, David Kessler testified before the Waxman Subcommittee that “the cigarette industry has attempted to frame the debate on smoking as the right of each American to choose. The question we must ask is whether smokers really have that choice.” Dr. Kessler stated: a. “Accumulating evidence suggests that cigarette manufacturers may intend this result—that they may be controlling the levels of nicotine in their products in a manner that creates and sustains an addiction in the vast majority of smokers.” b. “We have information strongly suggesting that the amount of nicotine in a cigarette is there by design.” c. “[T]he public thinks of cigarettes as simply blended tobacco rolled in paper. But they are much more than that. Some of today’s cigarettes may, in fact, qualify as high technology nicotine delivery systems that deliver nicotine in precisely calculated quantities—quantities that are more than sufficient to create and to sustain addiction in the vast majority of individuals who smoke regularly.” d. “[T]he history of the tobacco industry is a story of how a product that may at one time have been a simple agricultural commodity appears to have become a nicotine delivery system.” e. “[T]he cigarette industry has developed enormously sophisticated methods for manipulating nicotine levels in cigarettes.” f. “In many cigarettes today, the amount of nicotine present is a result of choice, not chance. [S]ince the technology apparently exists to reduce nicotine in cigarettes to insignificant levels, why, one is led to ask, does the industry keep nicotine in cigarettes at all?” 60. On June 21, 1994, Dr. Kessler told the Waxman subcommittee that FDA investigators had discovered that Brown & Williamson had developed a high nicotine tobacco plant, which the company called Y-1. This discovery followed Brown & Williamson’s flat denial to the FDA on May 2, 1994, that it had engaged in “any breeding of tobacco for high or low nicotine levels.” 61. When four FDA investigators visited the Brown & Williamson plant in Macon, Georgia on May 3, 1994, Brown & Williamson officials denies that the company was involved in breeding tobacco for specific nicotine levels. 62. In fact, in a decade-long project, Brown & Williamson secretly developed a genetically engineered tobacco plant with a nicotine content more than twice the average found naturally in flue-cured tobacco. Brown & Williamson took out a Brazilian patent for the new plant, which was printed in Portuguese. Brown & Williamson and a Brazilian sister company, Souza Cruz Overseas, grew Y-1 in Brazil and shipped it to the United States where it was used in five Brown & Williamson cigarette brands, including three labeled “light.” When the company’s deception was uncovered, company officials stated that close to four million pounds of Y-1 were stored in company warehouses in the United States.

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How to Quit Smoking Without Willpower or Struggle 63. As part of its cover-up, Brown & Williamson even went so far as to instruct the DNA Plant Technology Corporation of Oakland, California, which had developed Y-1, to tell FDA investigators that Y-1 had “never [been] commercialized.” Only after the FDA discovered two United States Customs Service invoices indicating that “more than a million pounds’ of Y-1 tobacco had been shipped to Brown & Williamson on September 21, 1992, did the company admit that it had developed the high nicotine tobacco. 64. The general public is only now beginning to learn about the measures taken by the Tobacco Industry to conceal the truth about nicotine. On March 31, 1994, Congressman Waxman released a copy of a previously secret Philip Morris funded research study substantiating the addictive nature of nicotine. Philip Morris scientists, upon conducting tests, found strong evidence that nicotine might be addicting, which suggested further testing should be done. The experiment used in this study - self administration by rats - is one of the primary tests used by the U.S. Food and Drug Administration, the U.S. Drug Enforcement Agency, and World Health Organization to determine whether a drug is addictive. The research was submitted in 1983 to the scientific journal Psychopharmacology and was accepted for publication. Prior to publication, the journal was notified by the scientist that the article was being withdrawn “due to factors beyond [his] control.” The scientist subsequently left Philip Morris and in 1986 resubmitted a revised version of the article to the journal. After the article was accepted for publication again, the scientist was forced to withdraw it by Philip Morris. 65. If the Tobacco Companies had disclosed their knowledge of the addictive nature of nicotine when they first acquired this knowledge then the public would have learned about the addictiveness of nicotine many years ago. As a result, the scientific and medical community would have had access to critical Tobacco Industry secrets on the subject which would have resulted in a more rapid popular determination and consensus on the subject. The Tobacco Industry concealed and continues to attempt to conceal the truth about nicotine in order to sustain the additions of existing cigarette smokers and to “hook” thousands of new smokers every day, so that the Tobacco Companies can continue to profit at the expense of the lives and health of the general public. 66. Not only does the Tobacco Industry know and conceal that nicotine is an additive drug, the Plaintiffs are informed and believe that the Tobacco Companies intend that their products contain sufficient nicotine to satisfy additional on the part of smokers and therefore control the levels of nicotine in these products to create and sustain the addition. It is this scheme to deceive the general public that enables the Tobacco Companies to see its life-threatening products to tens of millions of Americans as their captive customers.

3. The Tobacco Companies Manipulate the Level of Nicotine in Cigarettes With the Intent and for the Purpose of Creating and Sustaining Addictions to their Products.

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How to Quit Smoking Without Willpower or Struggle 67. Plaintiffs are informed and believe that the Tobacco Companies control or manipulate the levels of nicotine in cigarettes. The Tobacco Companies developed technology years ago to remove nicotine from tobacco and to control precisely the amount of nicotine in cigarettes. Nevertheless, the Tobacco Companies continues to manufacture, market and sell their products with levels that are sufficient to produce and sustain addition. Rather than remove nicotine from cigarettes and smokeless tobacco—and hence remove the addictive drug contained therein— the Tobacco Companies add nicotine to their cigarettes through a variety of methods to maintain levels of nicotine sufficient to make their cigarettes additive to consumers. 68. The Tobacco Companies prepare a substantial portion of the contents of their cigarettes through what is called a “Reconstitution process.” Prior to the 1940s the waste products from cigarettes—tobacco leaf scraps and stems, dried tobacco dust, adhesive reinforcing fiber, mineral ash modifiers, humectant, and some other inexpensive materials—were discarded. Thereafter the tobacco companies began to sue these previously unusable materials to make reconstituted tobacco. As part of the process, the Tobacco Companies removed ingredients from these materials at an early stage of the process and replaced some of the nicotine in later stages. The reconstitution process allows the Tobacco Companies to manufacture cigarettes at a lower costs by using less tobacco which is the most expensive part of the cigarette and by making up the difference in content with the reconstituted tobacco. By removing the nicotine and then carefully replacing as much nicotine as desired the Tobacco Companies are able to control the precise amount of nicotine in cigarettes. 69. LT Industries, a subsidiary of Kimberly-Clarke Corporation specializes in the tobacco reconstitution process and, as LT says in helping tobacco companies “control” their nicotine. The LT reconstitution process in the most widely used in the world. An LT-advertisement, entitled “More Nicotine, Or Less,” published in tobacco trade publications states: Nicotine levels are becoming a growing concern to the designers of modern cigarettes, particularly those with lower “tar” deliveries. The Kimberly-Clarke tobacco reconstitution process, used by LT industries, permits adjustments of nicotine 3 to your exact requirements. These adjustments of nicotine to your exact requirements. These adjustments will not affect the other important properties of customized reconstituted tobacco produced at LT Industries: low tar delivery, high filling power, high yield, and the flexibility to convey organoleptic modifications. We can help you control your tobacco. In fact, the process described in the LT advertisement can raise the level of nicotine beyond that which is naturally found in tobacco materials. In 1985, a Tobacco Journal article describing the LT process states: “Those standard reconstituted Tobacco Products contained 0.7-1.0 nicotine. LT Industries offers the possibility of increasing the nicotine content of the final sheet to a maximum of 3.5% . . . A dramatic increase in tobacco taste and smoke is noted in the nicotine-fortified reconstituted tobacco.” 70. Without informing the general public the Tobacco Companies have long viewed cigarettes in terms of their nicotine delivery function. For example, Philip Morris’ William L. Dunn, Jr., wrote in a 1973 internal memorandum: “Why then is there not a market for nicotine per use, to be eaten, sucked, drunk, injected, inserted or inhaled as a pure aerosol? The answer, and I feel quite strongly about this, is that the cigarette is in fact among the most awe-inspiring examples of the ingenuity of man . . . .The cigarette should be conceived not as a product, but as a package.

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How to Quit Smoking Without Willpower or Struggle The product is nicotine. The cigarette is but one of many package layers. There is the carton, which contains the pack, which contains the cigarette, which contains the smoke. The smoke is the final package. The smoker must rip off all of these packaged layers to get to that which he seeks. Think of the cigarette as a storage container for [a] day’s supply of nicotine . . . Think of the cigarette as dispenser for a dose unit of nicotine . . . Think of a puff of smoke as the vehicle for nicotine . . . Smoke is beyond question the most optimized vehicle of nicotine and the cigarette the most optimized dispenser of smoke . . . Likewise, a 1981 Lorillard study indicates that “current research is directed toward increasing the nicotine levels while maintaining or marginally reducing the “tar” deliveries.” 71. Evidence of the Tobacco Industry’s intent and ability to manipulate nicotine in cigarettes at a sufficiently high level to provide the “desired physiological activity”, is found in years of Tobacco Company patent applications. Tobacco Company patents illustrate an intent and ability by the Tobacco Companies to control the amount of nicotine in cigarettes; to provide desired physiological effects; to increase nicotine content in cigarettes by adding nicotine to various parts of the cigarette; to manipulate nicotine levels in cigarettes; and to manipulate the rate at which the nicotine is delivered in the cigarettes. For example: A. A 1966 Philip Morris patent application discusses an invention that “permits the release into tobacco smoke, in controlled amounts, of desirable flavorants, as well as the release, in controlled amounts and when desired, of nicotine into tobacco smoke. B. A 1971 Philip Morris patent states: “It has long been known in the Tobacco Industry that in order to provide a satisfactory smoke, it is desirable to maintain a nicotine content of Tobacco Products at a uniform level. However, it is difficult to accomplish this result since the nicotine content of tobacco varies widely, depending on the type of tobacco and the condition under which the tobacco was grown. Maintaining the nicotine content at a sufficiently high level to provide the desired physiological activity, taste, and odor, which this material imparts to the smoke, without raising the nicotine content through an undesirably high level can thus be seen to be a significant problem in the tobacco art. The addition of nicotine to tobacco in such a way that it remains inert and stable in the product, and yet is released in a controlled amount into the smoke aerosol when the tobacco is pyrolyzed, is a result which is greatly desirable. The present invention provides a solution to this long standing problem and results in accurate control of the nicotine which is released in tobacco smoke. By employing the nicotinereleasing agents in methods of the present invention, it is possible to incorporate exact amounts of nicotine into tobacco composition, which will remain constant over extended periods of time and which will ultimately yield a smoke containing a controlled amount of nicotine.” C. Another 1971 Philip Morris patent application discusses a design to increase the nicotine content in the smoke of the tobacco product by adding nicotine. One of the expressed objects of the invention was to “provide an agent for the treatment of tobacco smoke whereby nicotine is easily released under controlled amounts.” The same Philip Morris application explains that the proposed invention “is particularly useful for the maintenance of the proper amount of nicotine in tobacco smoke,” and notes that “previous efforts have been made to add nicotine to Tobacco Products when the nicotine level in the tobacco was undesirably low.”

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How to Quit Smoking Without Willpower or Struggle D. A 1980 Loews’ Corporation patent application discusses a process that “enables the manipulation of the nicotine content of tobacco materials such as cut leaf and reconstituted leaf by removal of nicotine from a suitable nicotine tobacco source, or by the addition of nicotine to a low nicotine material.” E. A 1986 R.J. Reynolds Tobacco Company patent indicates that the Tobacco Companies can precisely manipulate the rate at which the nicotine is delivered in the cigarette: “It is a further object of this invention to provide a cigarette which delivers a larger amount of nicotine in the first few puffs of the cigarette than in the last few puffs.” F. A 1991 R.J. Reynolds Tobacco Company patent application states that “processed tobaccos can be manufactured under conditions suitable to provide products having various nicotine levels.” 72. Information about the Tobacco Companies, manipulation of the nicotine level in cigarettes, with the intent and purpose of creating and sustaining addictions to their cigarettes has only recently come to the public’s attention. An ABC television show, “Day One,” broadcast an episode February 28, 1994, entitled “Smokescreen—Cigarette Companies and Nicotine Level,” during which “Day One’s” investigators reported their findings that the Tobacco Companies have been carefully controlling the levels of nicotine in their products for years. “Day One’s” investigators reported that, to verify that nicotine is being added to reconstituted tobacco in cigarettes, they went to the American Health Foundation which analyzed the reconstituted tobacco portion of several brands of R.J. Reynolds Tobacco Company cigarettes. According to “Day One,” the samples tested had up to 70% of the nicotine that would be found in regular tobacco. 73. During the March 25, 1994, Congressional Hearings, FDA Commissioner Dr. David Kessler testified that accumulating evidence suggests that the Tobacco Companies “may be controlling smokers’ choice by controlling the level of nicotine in their products in a manner that creates and sustains an addiction in the vast majority of smokers.” Dr. Kessler went on to say that some of “today’s cigarettes may, in fact, qualify as high technology nicotine delivery systems that deliver nicotine in precisely calculated quantities - quantities that are more than sufficient to cease and sustain an addiction in the vast majority of individuals who smoke regularly.” During the March 25, 1994, hearing, Dr. Kessler and others presented evidenced of the Tobacco Companies’ manipulation of nicotine levels, including reference to internal memoranda and more than 30 industry patents. 74. Just as the Tobacco Companies deny that the nicotine contained in cigarettes is additive, through their individual advertising and public relations campaigns and collective through The Tobacco Institute, the Tobacco Companies have denied unequivocally that they are engaged in controlling the level of nicotine in cigarettes for the purpose of developing and sustaining addiction to their products. Since the “Day One” program broadcast by ABC and the March 24, 1994, Congressional Hearings, spokespeople for The Tobacco Institute and the Tobacco Companies have in nationwide television broadcasts and publications denied all the charges that the Tobacco Companies manipulate nicotine levels in cigarettes. During their appearance before Congress on April 14, 1994, the chief executives of each of the Tobacco Companies testified

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How to Quit Smoking Without Willpower or Struggle that their companies do not manipulate nicotine levels or otherwise add nicotine to their cigarettes to create or sustain addition to their products. 75. The nicotine content of the raw tobacco is not the only variable manipulated by the cigarette manufacturers to deliver a pharmacologically active dose of nicotine to the smoker. Cigarettes are not simply cut tobacco rolled into a paper tube. Modern cigarettes as sold in California are painstakingly designed and manufactured to control nicotine delivery to the smoker. 76. For example, cigarette manufacturers add several ammonia compounds during the manufacturing process which increase the delivery of nicotine and almost double the nicotine transfer efficiency of cigarettes. 77. Brown & Williamson publicly denies that the use of ammonia in the processing of tobacco increases the amount of nicotine absorbed by the smoker. Nevertheless, the company’s own internal documents revealed that it and its rivals use ammonia compounds to increase nicotine delivery. A 1991 Brown & Williamson confidential blending manual states: “Ammonia, when added tobacco blend, reacts with the indigenous nicotine salts and liberates free nicotine . . . . As the result of such change the ratio of extractable nicotine to bound nicotine in the smoke may be altered in favor of extractable nicotine. As we know, extractable nicotine contributes to impact in cigarette smoke and this is how ammonia can act as an impact booster.” According to Brown & Williamson manual, all American cigarette manufacturers except Liggett use ammonia technology in their cigarettes.

D. Fraudulent Concealment. 78. Defendants have fraudulently concealed the existence of the causes of action alleged below. The Plaintiffs and members of the general public have exercised due diligence to learn of their legal rights, and despite such diligence, failed to uncover the existence of the violations alleged below until very recently. Defendants affirmatively concealed the existence of the causes of action alleged below through the following actions, among others: a. Testifying falsely under oath before the United States Congress. b. Providing false explanations of customers and to governmental entities regarding the health hazards of tobacco and the addictive qualities of nicotine. c. Conducting activities in furtherance of the conspiracy in secret, including clan destine meetings, using tobacco company attorneys to secure documents that might reveal the dangers of cigarettes and the addictive nature of nicotine, closing down research projects and moving research and information facili ties outside the United States. d. Requiring employees to keep secret all information about the dangers of cigarette smoking and the addictive nature of nicotine under threats of severe legal consequences. E. Tolling Of Applicable Statutes Of Limitation. 79. Any applicable statutes of limitation have been tolled by Defendants’ affirmative and intentional acts of fraudulent concealment, suppression, and denial of the facts as alleged above. Plaintiffs are informed and believe that such acts of fraudulent concealment included intentionally

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How to Quit Smoking Without Willpower or Struggle covering up and refusing to disclose internal documents, suppressing and subverting medical and scientific research, and failing to disclose and suppressing information concerning the addictive properties of nicotine and Defendants’ manipulation of the levels of nicotine in their Tobacco products to addict consumers. Through such acts of fraudulent concealment. Defendants have successfully concealed from the public the truth about the addictive nature of tobacco and their manipulation of nicotine levels in their Tobacco products, thereby tolling the running of any applicable statues of limitation. Plaintiffs and members of the general public could not reasonably have discovered the true facts until very recently the truth having been fraudulently and knowingly concealed by Defendants for years. 80. In the alternative, Defendants are estopped from relying on any statutes of limitation because of their fraudulent concealment of the addictive nature of nicotine and their manipulation of nicotine levels and big-availability of nicotine in their Tobacco products. Defendants were under a duty to disclose their manipulation of nicotine levels and bio-availability of nicotine in their Tobacco products because this is nonpublic information over which Defendants had exclusive control because Defendants knew that this information was not available to Plaintiffs or the general public and because this information was crucial to the consuming public in making their purchasing decisions. As a result of this concealment, members of the general public were deprived of informed consent regarding their ingestion of an addictive drug and were deprived of any choice on which to make a risk/benefit assessment. 81. Until shortly before the filing of the Complaint in this action, Plaintiffs, David McLean, and the general public had no knowledge that Defendants were engaged in the wrongdoing alleged herein. Because of the fraudulent and active concealment of the wrongdoing by Defendants, including deliberate efforts—which continue to this day, to give Plaintiffs, David McLean, and members of the general public the materially false impression that nicotine is not addictive and that Defendants are not manipulating the nicotine levels of their Tobacco products, Plaintiffs, David McLean, and members of the general public could not reasonably have discovered the wrongdoing at any time prior to this time. Defendants have attempted and are continuing their attempts to keep such internal information from reaching the public. Indeed Defendants still refuse to admit that nicotine is addictive and that they have manipulated the levels of nicotine in their Tobacco products. DAMAGES 82. This action is brought by LILO MCLEAN, the loving wife of David McLean, and MARK HUTH, the son of David McLean, pursuant to the Survival Statute of the State of Texas, Texas Civil Practice & Remedies Code Sec. 71.021, and the Texas Wrongful Death Act, Texas Civil Practice & Remedies Code Sec. 71.001, et seq., for all damages recoverable under those Acts. Specifically, Plaintiffs allege that they are entitled to the following elements of damages, in the past and future, due to the unfortunate and unnecessary death of their husband and father:

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How to Quit Smoking Without Willpower or Struggle A. Pecuniary damages for the loss of care, maintenance, support, advise, counsel, and financial contribution and support that David McLean would have provided during his lifetime had he lived; B. The loss of affection, comfort, companionship, society, emotional support, love, and affection that David McLean would have provided his wife during his lifetime had he lived; C. Mental anguish and pain and suffering and in which all reasonable probability Plaintiffs will continue to suffer in the future as a result of the death of their husband and father, David McLean; D. The mental anguish and conscious pain and suffering endured by David McLean prior to his death; E. The reasonable funeral and burial expenses because of the death of David McLean; and F. Loss of inheritance.

FIRST CAUSE OF ACTION (Fraud and Deceit) 83. Plaintiffs hereby incorporate by reference the allegations contained in paragraphs 1 through 82 of this complaint, as though fully set forth herein. 84. At all times during the course of dealing between Defendants and David McLean, through advertising and representations in the mass media and by other communications, Defendants have falsely and fraudulently represented that nicotine is not addictive. Moreover, Defendants have continually stated that they do not manipulate nicotine levels in their Tobacco Products so as to addict consumers. Additionally, Defendants falsely and fraudulently represented to David McLean that their tobacco products were not harmful to the health of cigarette smokers. 85. In representations to David McLean, Defendants uniformly omitted the following material: nicotine is addictive; Defendants manipulate nicotine levels in their tobacco products so as to addict consumers; and smoking cigarettes causes adverse health consequences. 86. Defendants were under a duty to disclose to David McLean the addictive nature of nicotine, Defendants’ manipulation of the nicotine levels in Defendants’ cigarettes, Defendants’ intention to addict David McLean, and the adverse health effects of cigarettes. Defendants had sole access to material facts concerning the addictive nature of nicotine, Defendants’ manipulation of the nicotine levels in Defendants’ cigarettes, Defendants’ intention to addict David McLean, and the adverse health effects of cigarettes. Defendants know that, prior to David McLean’s addiction to nicotine, David McLean could not reasonably have discovered the addictive nature of nicotine, Defendants’ manipulation of the nicotine levels in Defendants’ cigarettes, Defendants’ intention to addict David McLean, and the adverse health effects of cigarettes. In addition, Defendants actively concealed the addictive nature of nicotine, Defendants’ manipulation of the nicotine levels in Defendants’ cigarettes, Defendants’ intention to addict David McLean, and the adverse health effects of cigarettes.

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How to Quit Smoking Without Willpower or Struggle 87. The representations were false when made and known by Defendants to be false or were made with reckless indifference to the truth of the statements. In fact, cigarettes were known to Defendants to be harmful, nicotine was known to Defendants to be addictive, the level of nicotine in Defendants’ cigarettes was known to be manipulated by Defendants, and the intent to addict or maintain addiction of David McLean was know to-Defendants. 88. These misrepresentations and omissions were made deliberately, willfully, and maliciously to mislead David McLean and other smokers into reliance and action thereon, and to cause David McLean to purchase Defendants’ tobacco products. 89. David McLean had no way to determine that the representations were false and misleading, and that they included material omissions, and David McLean reasonably relied on Defendants’ representations. 90. By reason of his reliance on Defendants’ misrepresentations and omissions and his subsequent addiction, David McLean sustained personal injuries and died from lung cancer. 91. Defendants knew or acted with reckless indifference to the fact that nicotine was addictive, Defendants manipulated the amount of nicotine levels in tobacco products, and Defendants intended to addict David McLean and other cigarette smokers but refrained from disclosing the facts to cigarette smokers, for the purpose of inducing them to purchase tobacco products, thus causing personal injury and death to David McLean and thus causing damages to Plaintiffs. 92. In addition to either having actual knowledge or a reckless indifference to the true facts, the conduct of the Defendants amounted to a willful refusal to know or to learn. 93. Defendants are liable for punitive damage for their reckless or wanton or willful disregard for the public’s safety in the manipulation of nicotine, a toxic and hazardous substance, in their cigarettes and their concealment and denial of nicotine’s addictive properties and the adverse health effects of smoking, all done to maximize sales and profit at the expense of the public’s health and safety. Defendants’ willful and wanton conduct constitutes malice, oppression, fraud, and a conscious indifference to the right and safety of others, and thereby warrants the imposition of punitive and exemplary damages against Defendants.

SECOND CAUSE OF ACTION (Negligent Misrepresentation) 94. Plaintiffs re-allege, as if fully set forth, each and every allegation contained in paragraphs 1 through 93 above, and further allege. 95. By reason of their knowledge and expertise regarding the addictive nature of nicotine, manipulation of the amount of nicotine in tobacco products, intent to addict, their research into the adverse health effects of their products, and by reason of their statements to consumers in advertisements and other communications, at all times relevant hereto, Defendants owed David McLean and the tobacco consuming public a duty of care which required, among other things, that Defendants be truthful and accurate in their representations concerning their tobacco products.

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How to Quit Smoking Without Willpower or Struggle 96. Defendants breached their duty of care to David McLean by negligently making the material misrepresentations alleged herein, thus causing David McLean personal injuries and death. 97. David McLean reasonably relied on Defendants’ representations, when in fact those representations constituted negligent misrepresentations. 98. Such reliance was not only foreseeable by Defendants but also intended by them, and such reliance was reasonable.

THIRD CAUSE OF ACTION (Misrepresentation to Consumers) 99. Plaintiffs re-allege, as if fully set forth, each and every factual allegation contained in paragraphs 1 through 98 hereof, and further allege. 100. Defendants have engaged in the business of selling cigarettes and other tobacco products to consumers in the United States and in Texas. 101. Defendants’ advertisements and promotional statements made material misrepresentations to the public, including representations that their products were not addictive, that they did not manipulate the nicotine levels in tobacco products, that they did not intend to addict Decedent and the cigarette consuming public, and that there were no adverse health effects arising from the use of their products. 102. David McLean reasonably relied on Defendants’ misrepresentations of material fact concerning the character and quality of Defendants’ tobacco products. 103. Such reliance was not only foreseeable by Defendants but also intended by them, and such reliance was reasonable.

FOURTH CAUSE OF ACTION (Breach of Express Warranty) 104. Plaintiffs re-allege, as if fully set forth, each and every factual allegation contained in paragraphs 1 through 103 hereof, and further allege. 105. Defendants’ advertisements and promotional statements contained broad claims amounting to a warranty that their products were not addictive, that they did not manipulate the nicotine levels in tobacco products, and they did not intend to addict David McLean and the cigarette consuming public, and that there were no adverse health effects arising from the use of their products. 106. Defendants breached their warranties by offering for sale, and selling as non-addictive, tobacco products that were addictive and contained levels of nicotine manipulated to make them addicted. 107. This breach of the express warranties has caused David McLean to become addicted to Defendants’ tobacco products and to suffer adverse health effects arising from the use of the product, thus causing David McLean personal injuries and death.

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How to Quit Smoking Without Willpower or Struggle FIFTH CAUSE OF ACTION (Breach of Implied Warranty) 108. Plaintiffs re-allege, as if fully set forth, each and every factual allegation contained in paragraphs 1 through 107 hereof, and further allege. 109. Defendants impliedly warranted that their tobacco products, which they designed, manufactured, marketed, and sold to David McLean, were merchantable and fit and safe for ordinary use. 110. Defendants’ tobacco products purchased and consumed by David McLean were addictive, unmerchantable, and unfit for use when sold, and subjected these persons to addiction and/or adverse health effects. Therefore, Defendants breached the implied warranty of merchantability at the time the tobacco products were sold to David McLean in that the tobacco products were not fit for their ordinary purposes. 111. As a direct and proximate result of the breach of the implied warranty of merchantability by the Defendants, David McLean was addicted to Defendants’ tobacco products and has suffered adverse health effects, including death, causing decedent and Plaintiffs to incur damages.

PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray for relief and judgment against the Defendants, jointly and severally, as follows: 1. for general damages according to proof; 2. for all medical and incidental expenses according to proof; 3. for punitive and exemplary damages in an amount sufficient to punish and deter others from similar wrongdoing; 4. for funeral and burial costs; 5. for costs of suit herein incurred; 6. for pre-judgment interest as allowed by law; and 7. for such other and further relief as the Court may deem proper. Respectfully submitted,

HOWARTH & SMITH DON HOWARTH (Calif. Bar No. 53783) SUZELLE M. SMITH (Calif. Bar No. 113992) RANDALL BOESE (Calif. Bar No. 179712) 700 South Flower Street Suite 2900 Los Angeles, California 90017-4216 (213) 955-9400

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How to Quit Smoking Without Willpower or Struggle BALDWIN & BALDWIN SCOTT BALDWIN JACK BROWN BALDWIN P.O. Drawer 1349 Marshall, Texan 75671 (903) 935-4131 By: /s/ Scott Baldwin Don Howarth - Attorney-in-Charge Attorneys for Plaintiffs LILO MCLEAN and MARK HUTH

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