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Hundreds of Tobacco Growers Interested Source from: The Simcoe Reformer 03/08/2009 Early indicators are there will be high participation in a class action lawsuit against tobacco manufacturers.
Following a meeting last Monday with producers who grew tobacco between 1985 and 1996, a Windsor law firm specializing in class action lawsuits announced a suit against tobacco manufacturers Imperial Tobacco Canada and Rothmans Benson and Hedges was being investigated. The legal action is in connection with a July 31, 2008 guilty plea by the companies for aiding persons to sell or be in possession of tobacco products manufactured in Canada that were not packaged and stamped in conformity with the Excise Act.
As a result, it is alleged that growers received less for tobacco sold in the specified time frame due to the companies paying the lower export price for tobacco that was allegedly sold in Canada. Werner Keller of Sutts Strosberg LLP estimated the difference to be 50c to $1 per pound.
"The allegation is they (tobacco manufacturers) knew some of the cigarettes were coming back into Canada," he said.
As of Monday, there were already more than 750 contact forms filled out and turned into the tobacco board office. Such forms are not necessary to participate in the class action suit, but do provide updated contact information.
"In the future to be contacted, it would be helpful if we were provided with current contact information and that's what they're being asked for," Keller said.
The board has records of past sales, but it is possible in the approximate 13 to 24 years that have elapsed, people have moved.
It is not mandatory that producers take part in the class action suit and opting out is an option. Keller said nobody has opted out yet.
Besides waiting for contact information, Keller said the company is in the process of reviewing documents and preparing the statement of claim.
Asked if the lawsuit would be open to sharegrowers and those who grew with rented quota, Keller said those details would be figured out down the road. Enditem
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