B&W Announcement

British American Tobacco PLC 23 November 2000 The following statement has been released by British American Tobacco's US subsidiary, Brown & Williamson Tobacco Corporation. BROWN & WILLIAMSON NEWS RELEASE FOR IMMEDIATE RELEASE November 22, 2000 Contact: Mark Smith 502-568-7603 BROWN & WILLIAMSON SAYS FLORIDA SUPREME COURT ERRED IN REVERSING COURT OF APPEALS DECISION LOUISVILLE, KY - Brown & Williamson Tobacco Corporation said today that the Florida Supreme Court erred in its ruling today overturning a Florida Court of Appeal's decision in favor of the company over the 1996 product liability lawsuit known as Carter vs. Brown & Williamson Tobacco Corporation. 'This decision is in direct conflict with the United States Supreme Court decision in the Cipollone case, which established the doctrine of preemption,' said B&W attorney John Finley. That doctrine finds that the accuracy of federally mandated health warnings on each pack of cigarettes can not be challenged. 'We will seek a rehearing before the Florida Supreme Court, and we are considering going directly to U.S. Supreme Court,' he said. 'We are confident that this case eventually will be resolved consistent with the U.S. Supreme Court's prior rulings.' The 1996 Carter trial was the first verdict ever found against Brown & Williamson in a tobacco product liability case. It was appealed and overturned by Florida's First District Court of Appeals in June 1998 and upheld by the same court in 1999. The Florida Supreme Court decision reverses the First District Court of Appeals' opinion in favor of B&W which held that, under Cipollone, plaintiff's claims attacking the longstanding warnings on cigarette packs were preempted and that a trial should not have been allowed. The Court agreed with B&W's contention that plaintiff's proposed package insert improperly 'implicated post 1969 warnings' and therefore violated the federal preemption doctrine. The Court held that plaintiffs were improperly allowed to claim that the federal warning label was inadequate. -- more -- Brown & Williamson Page 2 The First District Court of Appeals also had indicated the verdict in favor of the plaintiffs also should be reversed based upon the expiration of the statute of limitations and due to the introduction of irrelevant evidence. Brown & Williamson Tobacco Corporation is the third largest tobacco manufacturer in the United States. With headquarters in Louisville, Ky., its major brands include KOOL, Lucky Strike, GPC, Pall Mall, Carlton, Viceroy, Misty, Capri, Tareyton and Barclay. For more information on this and other issues, visit www.brownandwilliamson.com.
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