This would be a very difficult case for a number of reasons. I think you will have trouble finding a lawyer to take the case because your damages claim would be low.
My answer to your question does not create an attorney-client relationship.
Cigarettes contain over 200 poisons, and the ink is probably the healthiest part of the cigarette.
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Despite all of the scientific evidence linking nicotine to cancer your beef with the cigarette company is ink in their nicotine delivery device? Seriously, get your priorities straight. But to answer your questionm no you probably do not have a case against Marlboro and would not be able to find a lawyer to take them on with the millions of dollars they have at their disposal from the sale of their product to defend themselves against lawsuits.
Cigarette manufacturers are still defending their defective dangerous toxic product claiming with a straight face that there is no link between their clearly hazardous products and dangerous health risks. Nothing about some ink is going to miraculously bring a recovery. You should thank your lucky stars that all the cigarette did was make you vomit. Cigarettes are the only product that are defective by design and manufacture and still mass marketed and sold.
Now that we have a forced mandatory national health pool it can only be a matter or time until known risks caused by cigarettes cause this product to be eliminated. Those who choose healthful life styles can not be forced to pay into a risk pool including those who intentionally damage their own health.
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
Technically, yes, because the cigarette was defective and aparently not fit for it's intended use. That is a breach of warranty. You would likely get 5 cents or so, because you used up most of the cigarette, and didn't complain until the end. If you go to a restaurant and eat the whole steak, you are still going to pay.
To get any more recovery, your are going to have prove that the cigarette caused you to upchuck. You did save the vomit in a jar, right? So, take it to Judge Judy. She will fix those nasty Marlboro Men and get you a brand new cigarette. HTH and good luck.
DISCLAIMER: NO ATTORNEY CLIENT RELATIONSHIP HAS BEEN FORMED. Please consult with an attorney licneced in your jurisdiction. This information is being provided for informational purposes only
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