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The case has a new judge, and the company is denying its products caused the health problems, adding that Gwynns damages, if any, were the direct result of pre-existing medical conditions. It also said he was warned or otherwise made aware of the alleged risks of using smokeless tobacco products and said his claims are barred because those risks, to the extent they exist, are and have been commonly known. Plaintiffs [the Gwynns] are barred from recovering any damages because the dangers claimed by Plaintiffs, if any, are and were open and obvious, says the companys response, filed by attorneys at the firm Shook, Hardy & Bacon

While African Americans overall do not have significantly higher rates of smoking than whites, Black men do and as a result experience the highest rates of lung cancer in the country

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