Tulsa Law Review Volume 21 Issue 3 Spring 1986 Smokeless Tobacco: Defective Marketing Creates a New Toxic Tort Michael F. McNamara Follow this and additional works at: https://digitalcommons.law.utulsa.edu/tlr Part of the Law Commons Recommended Citation Michael F. McNamara, Smokeless Tobacco: Defective Marketing Creates a New Toxic Tort, 21 Tulsa L. J. 499 (2013). Available at: https://digitalcommons.law.utulsa.edu/tlr/vol21/iss3/4 This Casenote/Comment is brought to you for free and open access by TU Law Digital Commons. It has been accepted for inclusion in Tulsa Law Review by an authorized editor of TU Law Digital Commons. For more information, please contact
[email protected]. McNamara: Smokeless Tobacco: Defective Marketing Creates a New Toxic Tort NOTES AND COMMENTS SMOKELESS TOBACCO: DEFECTIVE MARKETING CREATES A NEW TOXIC TORT Warning: Use of snuff can be addictive and can cause mouth cancer and other mouth disorders' I. INTRODUCTION Smokeless tobacco2 (smokeless) appears destined to join the ranks of the Ford Pinto, MER/29, DES, the Dalkon shield, and asbestos in legal history. In cases involving each of those products a proverbial smoking gun was disgorged from the defendants' files. Smokeless will undoubt- edly produce similar stonewalling and then damning revelations. An- other similarity with those products exists in that the smokeless problem is surprisingly widespread. As one state official has described it, "[t]here is a chemical time bomb ticking in the mouths of hundreds of thousands of boys in this country." 3 1. Mandatory warning label on smokeless tobacco products sold in Massachusetts, the first state to require such a label.