Prove you smoked ITC cigarettes, tobacco giant tells cancer patient

Responding to a cancer-stricken customs officer’s allegation that tobacco giants ITC got “paid” scientists to file affidavits in consumer court, where his Rs 1 crore law suit against the company is being heard, the ITC said the complainant has no proof of the purchase of cigarettes.

Commissioner of Customs and Central Excise Deepak Kumar, who lost his voice after his larynx was removed to prevent the spread of cancer to other parts of his body, alleged that the four scientists -- Jeffrey Idle, Michael Lewis, Jaques Lelorier and Cyril Fisher -- have long been associated with the British American Tobacco Company (BAT), which holds 30 per cent stake in ITC.

The four scientists have argued, through independent affidavits, that there is no conclusive proof that cigarette smoking can cause cancer of larynx, a condition that severely damaged Kumar's vocal chord, voice box and other areas of throat (Ciggy biggy’s smokescreen in landmark cancer case, Mumbai Mirror, December 7, 2010).

Arguing on behalf of ITC, senior counsel Navroze Seervai said, “The complainant has not produced any receipt that shows that he bought ITC-made cigarettes.

There is no proof that he ever smoked ITC cigarettes. Also, cigarettes are not addictive and the concept of addiction is still not very clear.”

Seervai said Kumar came up with a “hopelessly delayed” case. “Why did he wait till he developed cancer? He has not been able to show that the product of ITC is defective. He has a case under the Consumer Protection Act (CPA) only if the product is defective.