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Listen to this articleWhere a jury returned a verdict against a defendant tobacco company, the damages should be trebled under G.L.c. 93A.
“[Defendant] R.J. Reynolds’s conduct and its effects on [plaintiff Joseph] Reppucci persuade me by a fair preponderance of the evidence that from 1983, through 2000 and beyond, the company engaged in ‘unfair or deceptive acts or practices’ in violation of G.L.c. 93A, §2, causing Mr. Reppucci’s injuries. I further conclude that trebling of the damages that the jury awarded Mr. Reppucci is necessary to effectuate the punishment and deterrent purposes of the statute. …
“… According to both the scientific consensus and R.J. Reynolds’s internal research, Winston Lights were carcinogenic, and, despite its knowledge of that fact, the company encourage consumers to smoke them through its unfair and deceptive practices. …
“I conclude that R.J. Reynolds’s conduct was profoundly egregious. The company engaged in a sophisticated, long-running conspiracy to promote medically dangerous misinformation about its products, profiting from Mr. Repucci as he consumed the cigarettes that would cause him to lose his teeth and tongue, while also causing him to believe that he was making the healthier choice. It would be challenging to imagine a more egregious case. …
“… Finding that R.J. Reynolds’s unfair and deceptive practices were willful, knowing, and egregious, I therefore treble Mr. Reppucci’s damages for a total award of $45,257,073.00. …”
Reppucci, et al. v. R.J. Reynolds Tobacco Company, et al. (Lawyers Weekly No. 12-045-24) (27 pages) (Deakin, J.) (Middlesex Superior Court) (Civil Action No. 2081CV02905) (Dec. 4, 2024).
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