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Fifty years of all that served only to delay what tobacco-company researchers and the unnamed memo-writer knew was inevitable

VSCs are produced in the mouth by gram-negative anaerobic oral bacteria 27 and are higher in the breath of smokers 25 due to their unique population of oral bacteria 12

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It went on to allege that although the defendants either knew or ought to have known that their insulation products were harmful to Tomplaits health, they had not warned him of the danger and had not placed danger warnings on the containers of the products, and that as a result of such negligence and carelessness he had suffered a very serious and permanent injury to his lungs and respiratory system. (Stephenson chose to base his allegations on the more traditional theories of negligence and breach of warranty, rather than on the new rule of strict liability, because 402A had not yet been adopted in Texas.) After stating that Tomplait was suffering from an inability to breathe that required him to carry a container of oxygen with him at all times, the complaint alleged that he had lost his ability to work, and that his earning capacity had been permanently diminished and impaired. It concluded by demanding judgment against the defendants for five hundred thousand dollars