Obscuring the market. (the state of Minnesota and Blue Shield sue tobacco companies for restraint of trade, conspiracy and fraud)(American Survey)
Economist (US), The, August, 1994
BACK in 1975, Minnesota became the first state to restrict smoking in public places. Now Hubert Humphrey III, the state's attorney- general, is challenging the tobacco companies in a new way. He is joining forces with Blue Shield, the state's largest health insurer, to file suit against the companies for conspiracy, fraud and restraint of trade.
Previous lawsuits against tobacco companies have been based on the theory of product liability. The companies, it was argued, should take responsibility for products that made users ill or killed them. The companies won every one of these cases (at least 200 in the past 40 years) by arguing that people who smoked had chosen to take such a risk. The new legal challenge ("the mother of all lawsuits," as Mr Humphrey fondly...
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