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.
i
How to Quit Smoking Without Willpower or Struggle
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.
iii
The number one cause

of premature death in
the United States is,
by far
far,, smoking!
iv
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 vi
• Chapter 1 How Much? 1
• Chapter 2 Why? 5
• Chapter 3 Wouldn’t You Rather Switch Than Fight? 10
• Chapter 4 The Mantra 13
• Chapter 5 The Pose 16
• Chapter 6 Face The Enemy 19
• Chapter 7 Other Reasons 21
• Chapter 8 Pick Your Shots 29
• Chapter 9 Gotta Get That Feeling 32
• Chapter 10 The Ghost of Smoker Past 34
• Chapter 11 The Ghost of Smoker Present 37
• Chapter 12 The Ghost of Smoker Future 40
• Epilogue 42
• Pictures of smoker’s lung 44
• Helpful Links 49
• Marlboro Man’s Widow Sues Philip Morris 50
v
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 in-
volvement in Viet Nam combined; twenty times the number of deaths
caused by drunken drivers each year; and about twenty-five times the num-
ber 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 thou-
sands 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 tur-
key".
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
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 com-
mitment, I do not mean commitment to resistance to the habit, nor any fa-
natical 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 end-
ing the habit will feel more natural and is actually easier, and far less pain-
ful, 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 short-
tempered, biting my nails, and was quasi-hungry all the time. But once I re-
alized 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 lit-
tle 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 at-
tention. 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. Be-
ing around others who are smoking will not cause you to crave a cigarette.
vii
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. Eventu-
ally 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 de-
odorant. Once you have stopped ingesting small, steady doses of the six-
teen(!) 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.
viii
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 se-
quence, 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 under-
standing 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 some-
thing 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
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 num-
ber. 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.
2
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!
3
?
4
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 to-
bacco, 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 in-
deed 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 ex-
perience 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
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 de-
cided 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 cir-
cle 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 ma-
jor 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
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 lit-
tle 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 al-
ready 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 pro-
gram 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 ciga-
rettes? How many drags? Hundreds of thousands? Each and every one bol-
stered that seriously poor decision made so long ago!
Another Personal Reason might be that you were not breast fed. By an in-
formal 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
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 nip-
ple 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 re-
sist 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. At what exact point in time did I decide to become a smoker?

2. Who did I want to be like, and why?
3. Do I still want to be a smoker?
4. Do I still want to be like my influential person?
5. Am I using cigarettes to stop myself from eating?
6. Am I just looking for something to do with my hands?
7. 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.
8
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.
9
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 in-
structed 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 re-
quired 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 infor-
mation) 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 writ-
ing 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 ma-
chine, start disrupting your habit by buying a brand you DO NOT LIKE!
10
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 in-
formation 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 ad-
vertisements in newspapers, magazines, and billboards for cigarettes. Espe-
cially 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? Be-
cause “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
11
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 us-
ing 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 smok-
ing 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.
12
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-self-
hypnotic. 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 mat-
ter, 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 con-
stantly 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 deci-
sions. 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 affirma-
tion. 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
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 bar-
pool 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 curi-
osity. It had been seventeen years since that last one. I took just one hit, in-
haled 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 be-
cause 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 real-
ized why now, when I lay down after drinking, the room doesn’t spin any-
more. 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 her-
oin 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.
14
Lung cancer is the leading cause of

cancer deaths in the United States, with
about 170,000 new cases being diagdiag-
nosed each year.
A renowned team of research

researchers
ers has
found a direct and undisputed scien scien-
tific link between cigarette smok
smoking
ing and
termi
terminal lung cancer!
15
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 Hep-
burn, Bogart and Becall, they all looked so cool, mature, and sophisticated
when they smoked. I suppose that the look of literally breathing fire was ex-
citing 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 do-
ing, 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 ciga-
rette 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
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 pleas-
ure, or satisfaction from it? Are you any more (or less) attracted to them be-
cause 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 nine-
ties 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 strang-
ers 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 smok-
ers, 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!?!
17
Each year 400,000 deaths in

the United States are attri
attribb-
uted to cigarette smoking.
18
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 micro-
phone 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 proc-
ess 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 pro-
grammed 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 origi-
nal 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
19
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 qual-
ity 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 dimin-
ish in direct proportion to what you do right now, today.
20
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 ciga-
rettes 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 be-
havior 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. It gives you something to do with your hands.

2. It gives you a reason to take a break from whatever you are doing.
3. You’ve just finished something (i.e. Sex, food, a task).
4. Someone offered it to you.
5. This is the time when most people do it.
6. It helps you “think”.
7. You’ve just seen an ad for them.
8. You’re hungry.
9. You feel momentarily insecure and subconsciously crave mother’s nip-
ple (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 physi-
21
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 your-
self? 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 pull-
ing 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 self-
destructive 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 op-
portunity 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, be-
cause 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 rea-
son 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 repug-
nant. 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
questioned it briefly to themselves, and denied the meaning. After all, eve-
ryone 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 be-
lieve, having been to Southeast Asia and having seen how much harder to-
bacco 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 Con-
gress from making any new laws to stop tobacco companies from continu-
ing 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 manufac-
turers 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 artifi-
cially 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.”
23
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 noth-
ing 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 refus-
ing 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 with-
out 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 func-
tions, 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
role models for smoking doing it. Most likely, one or both of your parents or
primary caregivers were smokers. Growing up, you consciously and sub-
consciously 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
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 men-
tally 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 em-
bedded 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 im-
ages 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 cer-
tain 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 adver-
tising.
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, be-
ing manipulated this way was apparently even more painful to his ego than
the knowledge of the damage the cigarettes were doing to his body. Seem-
ingly, his indignation at feeling like a manipulated fool was a greater moti-
vator to end his habit than any other.
26
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 ciga-
rette, 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 do-
ing 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 dan-
gerously”. 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
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 sim-
ple chemical addiction, you know why the patches and the gums don’t al-
ways 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
ma-
ternal
ternal smo
smokking.
28
Chapter 8
Pick Your Shots
Let’s say you now understand how much of your habit is chemical addic-
tion, 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 in-
stant 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
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 ac-
complishing 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.
30
Half a billion packs per

year are sold illegally to
children under 18. An estestii-
mated 3,100,000 U.S. teens,
1 out of 6, are regular smo
smokk-
ers.
31
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 stab-
bing, 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 be-
cause 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 ur-
gent 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
32
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 pro-
cess 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 with-
out 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 ef-
fort 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

research-
ers, dating back to 1968, rere-
alized
alized that the pesti
pesticide
cide used
on to
tobacco caused can
cancer.
cer.
33
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 dis-
tinguish between reality and vividly detailed imagination or fantasy. An ex-
cellent 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 im-
proved 42% by simply visualizing the practice. Their bodies reacted to the
vividly imagined practice almost identically to those who actually physi-
cally 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 mo-
ment was contrived by technicians and actors, and isn’t even really hap-
pening at that moment. We allow ourselves to believe in the moment so ef-
fectively, that our bodies react as if what we are seeing is really happening.
Given this information, there was one incredibly valuable element I devel-
oped 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
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 memo-
rizing 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 back-
ward. 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
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 to-
day) out there in front of you, imploring you not to do this. Remember your-
self 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 de-
cided. 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 meas-
ure 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
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 chil-
dren, 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, al-
coholics, 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
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? Be-
cause they are lying killers who care nothing for you, your families, or
themselves. They live only for corporate profits and their own self-
aggrandizement 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 thou-
sands of dollars each year to be allowed to continue. If you check the cur-
rent campaign contribution roster, you will find that tobacco companies
have donated millions to the Republicans, while almost none to the Demo-
crats. 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
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
Re-
publican Party’s national
fund-raising committees.
39
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 recom-
mend 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 hap-
pen!
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 fifty-
seven years old. The biggest tragedy for me was that we weren’t near fin-
ished 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?
40
Part of the brain reacts the

same way to nicotine that it
does to cocaine, heroin, and
other addictive drugs.
41
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
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?
43
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.
44
45
46
47
How do you think

your lungs compare?
48
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 multi-
billion dollar settlement. This site is under scrutiny and may be pulled soon.
But it does what it says. It tells the truth.
49
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 Marl-
boro 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 ciga-
rette in a certain way.
50
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 & WIL-
LIAMSON 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. FRAUD AND DECEIT

2. NEGLIGENT MISREPRESENTATION
3. MISREPRESENTATION TO CONSUMERS
4. BREACH OF EXPRESS WARRANTY
5. BREACH OF IMPLIED WARRANTY
51
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 adver-
tising 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 sub-
stantial 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
52
5. Decedent David McLean was a resident of Los Angeles, California. Due to his addic-
tion 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 resid-
ing in Los Angeles, California.
B. Defendants
8. Defendant Philip Morris Incorporated (hereinafter “Philip Morris”) is a Virginia corpo-

ration 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. De-
fendants 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 prin-
cipal 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 ciga-
rettes 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
53
& 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 & William-
son 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 de-
scribed 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”), suc-
cessor in interest to the Defendant Tobacco Industry Research Committee (“TIRC”), is a non-
profit 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, pro-
duction, 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 act-
ing within the scope, purpose and authority of that agency and with the full knowledge, permis-
sion 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
54
content and the big-availability of nicotine in tobacco products and the misrepresentation, con-
cealment 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 fur-
therance 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. Defen-
dants 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 resi-
dents 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 psy-
choactive substances despite evidence of harm and a desire to quit. Some scientific organiza-
tions have replaced the term “addictive” with “dependence-producing” to shift the focus to de-
pendent patters of behavior and away from the moral and social issues associated with addic-
tion. 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 immedi-
ately 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.
55
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 adver-
tisements 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 com-
mercials, 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 smok-
ing.
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 di-
agnosed 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 adminis-
tered 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, in-
cluding David McLean, knowing, but denying and concealing, that their tobacco products con-
tain 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 To-
bacco 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 re-
sponsible for approximately one third of all heart disease deaths; smoking causes almost all lung
56
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, includ-
ing 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 co-
caine .
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 nico-
tine-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 exer-
cise 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 Conse-
quences 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 co-
caine.” 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.”
57
41. Nicotine is now recognized as an addictive substance by such major medical organiza-
tions as the Office of U.S. Surgeon General, the World Health Organization, the American
Medical Association, the American Psychiatric Association, the American Psychological Asso-
ciation, 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 or-
ganizations, 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 de-
nied, 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, promo-
tional and public relations strategy, is designed to and has effectively nullified the public’s mean-
ingful 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 addic-
tive 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 ill-
tempered, 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,
58
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 nico-
tine-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 psy-
chological advantages ...” He subsequently described Brown Williamson as being “in the nico-
tine 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 re-
newed drug intake in order to restore the physiological equilibrium. This unconscious desire ex-
plains 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 Re-
search 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 pharma-
cological 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 re-
search, 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 ciga-
rette 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
59
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 ex-
plain 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 dif-
ferent reasons. But the primary reason is to deliver nicotine into their bodies.” It is a physio-
logically active, nitrogen-containing substance. Similar organic chemicals include quinine, co-
caine, 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.”
60
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 fla-
vorants, fails to include nicotine as a flavoring agent. The cigarette industry has actually concen-
trated 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 con-
tent 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 ad-
dictive, 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 Insti-
tute 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 nico-
tine 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 addic-
tion 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 re-
ceived that: (1) the nicotine ingredient in cigarettes is a powerfully addictive agent and (2) ciga-
rette 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-
61
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 cre-
ates and sustains an addiction in the vast majority of smokers.”
b. “We have information strongly suggesting that the amount of nicotine in a ciga-
rette 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 technol-
ogy 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 insignifi-
cant 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 lev-
els.”
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 de-
ception was uncovered, company officials stated that close to four million pounds of Y-1 were
stored in company warehouses in the United States.
62
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 to-
bacco 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 To-
bacco 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 evi-
dence that nicotine might be addicting, which suggested further testing should be done. The ex-
periment 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 publica-
tion, 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 In-
dustry 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 Ciga-

rettes With the Intent and for the Purpose of Creating and Sustaining Addic-
tions to their Products.
63
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, min-
eral ash modifiers, humectant, and some other inexpensive materials—were discarded. There-
after the tobacco companies began to sue these previously unusable materials to make recon-
stituted 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 re-
constitution 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, particu-
larly 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 ad-
justments of nicotine to your exact requirements. These adjustments will not affect the other im-
portant properties of customized reconstituted tobacco produced at LT Industries: low tar de-
livery, 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 To-
bacco 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.
64
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 ciga-
rette 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 To-
bacco 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 re-
lease, 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 con-
tent 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 prob-
lem 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 nicotine-
releasing 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 ex-
pressed 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 applica-
tion 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.”
65
D. A 1980 Loews’ Corporation patent application discusses a process that “en-

ables the manipulation of the nicotine content of tobacco materials such as cut leaf and recon-
stituted 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 ciga-
rettes, 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 Com-
panies 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 to-
bacco in cigarettes, they went to the American Health Foundation which analyzed the recon-
stituted tobacco portion of several brands of R.J. Reynolds Tobacco Company cigarettes. Ac-
cording 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 sys-
tems that deliver nicotine in precisely calculated quantities - quantities that are more than suffi-
cient 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 To-
bacco 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 addic-
tion 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
66
that their companies do not manipulate nicotine levels or otherwise add nicotine to their ciga-
rettes 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 to-
bacco 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 nico-
tine 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 al-
leged 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 ciga-
rette 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
67
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 ap-
plicable 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 know-
ingly concealed by Defendants for years.
80. In the alternative, Defendants are estopped from relying on any statutes of limitation be-
cause 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 To-
bacco 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 gen-
eral public and because this information was crucial to the consuming public in making their pur-
chasing 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 al-
leged herein. Because of the fraudulent and active concealment of the wrongdoing by Defen-
dants, 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 ref-
use 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:
68
A. Pecuniary damages for the loss of care, maintenance, support, advise, counsel, and fi-
nancial 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, Defen-
dants have falsely and fraudulently represented that nicotine is not addictive. Moreover, Defen-
dants have continually stated that they do not manipulate nicotine levels in their Tobacco Prod-
ucts 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 mate-
rial: 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’ manipula-
tion 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 ad-
dictive nature of nicotine, Defendants’ manipulation of the nicotine levels in Defendants’ ciga-
rettes, Defendants’ intention to addict David McLean, and the adverse health effects of ciga-
rettes. 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.
69
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 mali-
ciously 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 mis-
leading, 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 sub-
sequent 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 addic-
tive, 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 disre-
gard 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 ad-
verse health effects of smoking, all done to maximize sales and profit at the expense of the pub-
lic’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 prod-
ucts.
70
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 prod-
ucts to consumers in the United States and in Texas.
101. Defendants’ advertisements and promotional statements made material misrepresenta-
tions 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 Dece-
dent 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)
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.
71
FIFTH CAUSE OF ACTION

(Breach of Implied Warranty)
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 ad-
dictive, 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 mer-
chantability 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 dam-
ages.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for relief and judgment against the Defendants, jointly and sever-
ally, 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
72
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
73

How To Quit Smoking Ebook

Caricato da

Informazioni sul documento

Descrizione originale:

Titolo originale

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

How To Quit Smoking Ebook

Caricato da

Copyright:

Formati disponibili

Mark Whalen

Copyright 1997 by Mark Whalen

First PresMark Edition 1997

PresMark and the colophon are

Printed in the United States of America

Book jacket design by Mark Whalen

Editorial proofing by Don Brennecke (Thanks, Don!)

The slanderous reference to the heads of tobacco companies

The Original Complaint in the lawsuit of the heirs of

And to the memory of my father and mother,

Dorothy E. Baranska, 1924-1967

The number one cause

program from a computer is a simple mechanical process. Removing a habit

NOTE: If it is too much of a struggle to get yourself to

smoking, we all started smoking. When Denny started smoking in front of

1. At what exact point in time did I decide to become a smoker?

Most regular smokers in the

talking to someone else? Obviously, if you’re a construction worker, and

Cigarettes are more addictive

Lung cancer is the leading cause of

A renowned team of research

Each year 400,000 deaths in

1. It gives you something to do with your hands.

The next time you see a cigarette ad in a magazine or on a billboard, ask

Half a billion packs per

Tobacco Company research

As a student of hypnosis, I learned that hypnosis is actually nothing more

Tobacco companies were the

Part of the brain reacts the

How do you think

David McLean was hired to

MARLBORO MAN’S WIDOW

(Formatted to fit book and for ease of comprehension,

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

Civil Action 96CV167

1. FRAUD AND DECEIT

PLAINTIFF’S ORIGINAL COMPLAINT

NATURE OF THE CASE

8. Defendant Philip Morris Incorporated (hereinafter “Philip Morris”) is a Virginia corpo-

A. David McLean’s Use of Cigarettes

1. The Tobacco Companies’ Understanding of Nicotine Addiction.

54. The cigarette manufacturers have affirmatively misrepresented to consumers and to

2. The Waxman Hearings.

57. On February 25, 1994, David A. Kessler, MD,

3. The Tobacco Companies Manipulate the Level of Nicotine in Ciga-

D. A 1980 Loews’ Corporation patent application discusses a process that “en-

FIRST CAUSE OF ACTION

83. Plaintiffs hereby incorporate by reference the allegations contained in paragraphs 1

SECOND CAUSE OF ACTION

THIRD CAUSE OF ACTION

FOURTH CAUSE OF ACTION

FIFTH CAUSE OF ACTION

PRAYER FOR RELIEF

HOWARTH & SMITH

DON HOWARTH (Calif. Bar No. 53783)

BALDWIN & BALDWIN

Potrebbero piacerti anche