313 



70 



powerful dtsire on the part of us 4II to avoid the infectious diseases or 

 ailments therein mentioned." 16^ at 337, 338 (emphasis added). 



In so holdinq, the court determined that on the basis of the implicit as 

 well as explicit claims made in the labeling accompanying Fairfax 

 cigarettes, the public would buy Fairfax cigarettes "with the hope of 

 mitigating, curing or preventing disease." Id^ at 338. 



Similarly, tobacco manufacturers do flake explicit reference to tar and 

 nicotine figures In their labeling with the Intent to "appeal to [the 

 buying public's) natural and powerful desire... to avoid ' the health 

 hazards widely acknowledged and understood to result fro« cigarette 

 smoking. Id^ at 338 (emphasis added). 



The explicit references In such advertising to the tar and nicotine 

 content of low tar and low nicotine cigarettes "would appear to have" - in 

 the words of the Federal Court In Fairfax - "no other purpose than to 

 mislead the unwary ," whose hope In buying and smoking such cigarettes no 

 doubt Is to 1n)rove thtlr prospects for avoiding, mitigating and/or 

 preventing cigarette caused disease. M^ at 337. 



The court went on to note that in atteoptlng to market their products 

 manufacturers: 



"vie with each other in the composition of 

 extravagant descriptions of the beneficial 

 qualities of their product, or In Insinuations or 

 Indirectness from which the untutored mind would 

 infer extraordinary or ameliorative resuiTTI 



I 



