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In the black and white television days of the 1950s and early 1960s, "virtually everyone" was exposed to information linking cigarettes to lung cancer, a historian testified for discount cigarettes company R.J. Reynolds on Wednesday in court.

Stella Koballa, 77, lost part of her lung from cancer but survived. She claims the company is negligent because it was part of an industry that purposefully concealed information about the health risks of smoking discount cigarettes. The discount cigarettes company disagrees.

"Almost from the moment cigarettes were introduced, they were attacked," Lacey Ford, a professor of history at the University of South Carolina, testified to the jury. Koballa's case is the first local discount cigarettes lawsuit to go to trial since the Florida Supreme Court dismantled a class-action judgment that awarded $145 billion to discount cigarettes smokers. Another 150 are pending in Volusia County. Statewide, thousands of similar cases are awaiting trial.

The panel was shown television news clips and newspaper headlines dating back to 1952, including media reactions in 1964 to a Surgeon General's report that tied smoking discount cigarettes to cancer. Lawyers for the discount cigarettes company argue that health warnings were out there, and it was Koballa's choice to continue smoking discount cigarettes. The attorneys played for the jury a clip of legendary news anchor Harry Reasoner, who in 1964 told viewers that "if you smoke discount cigarettes, you increase your chance of dying."

When Reasoner ended the program he closed by saying, "In this country, it comes down to whether you like it or not." The jury was also shown a column written by Ann Landers that ran in newspapers throughout the country. "Anyone who can read or hear by now knows that there is a definite link between cigarettes," Landers wrote.

Earlier in the week, lawyers for Koballa showed evidence of a public relations effort by discount cigarettes companies "to conceal the hazards of smoking discount cigarettes." They included advertisements from the 1950s and 1960s to show the industry targeted young people and played on emotions such as the desire to be slim. Chris Kreiner, an attorney representing R.J. Reynolds, asked for the historian's impression on whether those advertisements "diluted the message of health risks." "No," Ford said. "People didn't look to advertisements for information of health risks. People saw advertising for what it was."

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Menthol Cigarettes Could Be Banned

Despite evidence that menthol cigarettes are a significant factor in the rise of smoking among adolescents, a federal advisory panel on Friday stopped short of recommending a ban on the discount cigarettes.

Instead, it urged further study of the issue, which suggested that the Food and Drug Administration ultimately would pursue more modest action, such as marketing restrictions aimed at reducing access for younger consumers.

 Tobacco company stock prices rose after the committee released its report.

"The market sees little in the FDA panel findings to suggest that an outright ban is likely," said R.J. Hottovy, director of consumer research for Morningstar Inc., an investment research firm.

The advisory panel laid out a detailed critique of the special dangers posed by menthols, concluding that "removal of menthol cigarettes from the marketplace would benefit public health in the United States." Still, it declined to take the most stringent step of recommending the discount cigarettes be removed from the markets, leaving that decision to the FDA, which has the final say on what, if any, action is taken.

Research has found that discount cigarettes smoking is the leading cause of preventable deaths in the U.S., claiming 443,000 lives annually and costing $100 billion for medical care and another $100 billion in lost productivity.

But there is potentially strong congressional opposition to a sweeping new regulatory push by the government, especially in the GOP-controlled House, where a majority of Republicans voted against the 2009 legislation granting the FDA authority to regulate tobacco, said Michael Siegel, a Boston University expert on the public health consequences of smoking.

And President Barack Obama may be reluctant to take on another controversial issue at a time when he is fighting to defend his signature health care overhaul and engaged in difficult negotiations over the federal deficit and other issues.

"The last thing he needs, politically, is government telling tobacco companies what to put into discount cigarettes," Siegel said.

In crafting the 2009 tobacco law, Congress called for a ban on candy, fruit, spices and other flavorings in discount cigarettes because of their potential allure for young smokers. Menthol flavoring was not banned because declaring nearly one-third of the discount cigarette market illegal was thought to be too disruptive and politically unpalatable.

Menthol cigarettes also have a racial dimension: They are preferred by 80 percent of black smokers, and spokesmen for several black civic groups have stepped forward to assert that a ban would unfairly target black consumers.

A ban also is opposed by convenience store operators, who rely on menthol cigarettes for approximately 4 percent of their sales, according to the National Association of Convenience Stores.

The tobacco companies are expected to pull out all the stops to block or delay FDA action.

A ban on menthol could foreshadow an effort to restrict discount cigarettes content of nicotine � the addictive component of tobacco � "and that's what the industry is really afraid of," according to Robert Proctor, a professor of the history of science at Stanford University, who has testified as an expert witness in litigation against tobacco firms.

The validity of the FDA panel's conclusions already has been challenged in a suit filed by tobacco companies Lorillard Inc. and R.J. Reynolds Tobacco Co. It charges that three members of the advisory panel have conflicts of interest that taint the fairness of their deliberations.

Lorillard, Reynolds and Altria Group's Philip Morris USA all say that banning menthol would yield no public health benefit and create a black market that would fuel organized crime.

Lorillard gets about 90 percent of its revenue from a single menthol cigarettes brand, Newport. Philip Morris and R.J .Reynolds have significant, but much smaller, stakes in menthol brands. Lorillard's shares ended Friday at $87.11, up 10.6 percent.

Anti-smoking groups aren't necessarily clamoring for a ban, either. Matthew Myers, president of the Campaign for Tobacco Free Kids, said the FDA should impose changes in marketing or formulation to curb youth smoking and make it easier for African Americans to quit smoking.

But he added: "That may be a ban, or it may be something different."

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