The Supreme Judicial Court of Massachusetts has held unanimously that a cigarette manufacturer cannot assert "unreasonable use" as an affirmative defenseA new fact or set of facts that operates to defeat a claim even if the facts supporting that claim are true. See the following link for the full story.
http://www.thefreelibrary.com/Tobacco+company+can't+assert+'unreasonable+use'+defense,+court...-a0150359621
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