Suit Filed against Bronfman's
Seagrams Companies' Poisons


UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA




VICTORY OVER ADDICTION INTERNATIONAL, INC.
A NONPROFIT, 501 (C) (3), FLORIDA CORPORATION-NO. 65-0534085

REPRESENTING THE FOLLOWING PLAINTIFFS, ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, ET AL.

WILLIAM MACDOWELL, on behalf of all others similarly situated, ELIZABETH MACDOWELL, on behalf of all others similarly situated, MARY MACDOWELL, and on behalf of all others similarly situated, THERESA CAPUTO, and on behalf of all others similarly situated, MARYANN RANDAZZO, WILLIAM MACDOWELL, JR., NOREEN GALASSO, ROBERT MACDOWELL, JANET LABELLA, KENNETH MACDOWELL and SCOTT MACDOWELL, on the behalf of all others similarly situated, PHILIP ALBO, and on behalf of all others similarly situated, MICHAEL MALCOLM MCDONALD (DECEASED), on the behalf of all others similarly situated, MARGARET MCDONALD, his widow and children, MALCOLM MCDONALD, EUGENE MCDONALD, and GREGORY MCDONALD, on behalf of all others similarly situated,

Plaintiffs

Complaint - Class Action.

INTERNATIONAL PLAINTIFFS

DIANA FRANCES (NEE SPENCER), PRINCESS of WALES (DECEASED), on behalf of all others similarly situated, PRINCE WILLIAM, PRINCE HARRY, on behalf of all others similarly situated, DODI FAYED (DECEASED), on behalf of all similarly situated, MOHAMEDAL FAYED, on behalf of all others similary situated, HENRI PAUL (DECEASED), on behalf of all others similarly situated, TREVOR REES- JONES, on behalf of all others similarly situated,

Plaintiffs



v.



DISTILLERS:

AMERICAN BRANDS,INC., JOSEPH E. SEAGRAM AND SONS, INC., BROWN- FORMAN CORP., HEUBLEIN INC., JBB WORLDWIDE, INC., JIM BEAM BRANDS CO., VARIED INVESTMENTS INC., SUNTORY INTERNATIONAL CORP., SCHENLEY HOLDING CORP., GLENMORE DISTILLERIES CO., BACARDI CORP., GRAIN PROCESSING CORP., MIDWEST GRAIN PRODUCTS INC., NWS INC., SAZERAC COMPANY INC., BARTON INC., McCORMICK DISTILLING INC., M.S. WALKER INC., HEAVEN HILL DISTILLERIES INC., UNITED DISTILLER MANUFACTURING INC., JACK DANIELS DISTILLERY LEM MOTOW PROP., TODHUNTER INTERNATIONAL INC., ANCIENT AGE DISTILLING CO., CONSOLIDATED DISTILLED PRODUCTS DIVISION, CHARLES JACQUIN et CIE., CHATAM INTERNATIONAL INC., BOULEVARD DISTILLERS and IMPORTERS INC., MAJESTIC DISTILLING CO., SHENLEY DISTILLERS INC., LAIRD and CO., LAWRENCE and CO., WHITE ROCK DISTILLERIES INC., GLENMORE DISTILLERIES OWENSBORO, DAVID SHERMAN CORP., MONTEBELLO BRANDS INC., PARAMOUNT DISTILLERS INC., EARLY TIMES DISTILLERY CO., TENNESSEE DICKEL DISTILLING CO.,SKYY SPIRITS INC., MAKER'S MARK DISTILLERY INC., AMERICAN DISTILLING AND MANUFACTURING COMPANY INC., A. SMITH BOWMAN DISTILLERY INC., CARNEROS ALAMBIC DISTILLERY., CLEAR CREEK DISTILLERY LTD., CHADDSFORD WINERY., VERMONT DISTILLERS., ALASKA MOUNTAIN TOP SPIRITS CO., JAPAN AMERICA BEVERAGE CO., SAINT LOUIS BREWERY INC., BRAZOS COUNTRY FOODS., GREENALL WHITLEY PLC., SEAGRAM COMPANY LTD., PERNOD RICARD S.A., TAKARA SHUZO COMPANY LTD., DISTILLERS COMPANY PLC., HIRAM WALKER AND SONS (SCOTLAND) PLC., HIRAM WALKER AND SONS LTD., JOSEPH E. SEAGRAM AND SONS INC. SEAGRAM INTERNATIONAL., AMERICAN GINSENG SPIRITS INC., ZIMA BEVERAGE CO., BEVERAGE INTERNATIONAL GROUP LTD., BROWN- FORMAN BEVERAGE DIV.,


BREWERS:

PHILIP MORRIS COMPANIES INC., ANHEUSER-BUSCH COMPANIES INC., ANHEUSER-BUSCH INC., MILLER BREWING CO., ADOLPH COORS CO., COORS BREWING CO., HEUBLEIN INC., TRIARC COMPANIES INC., STROH BREWERY CO., SUNTORY INTERNATIONAL CORP., G. HEILEMAN BREWING COMPANY INC., S.AND P. CO., PABST BREWING CO., MILLER BREWING CO. BREWING DIV. BOSTON BEER COMPANY L.P., BOSTON BEER COMPANY INC., GENESEE CORP., GENESEE BREWING COMPANY INC., DRAWBRIDGE ESTATE., BLITZ WEINHARD CO., INGREDIENT TECHNOLOGY DIV., LONE STAR BREWING CO., RAINIER BREWING CO., PETE'S BREWING CO., PEARL BREWING CO., ANCIENT AGE DISTILLING CO.,DOCK STREET BREWING CO., G. HEILEMAN BREWING COMPANY INC., WYNKOOP BREWING CO., HUDEPOHL-SCHOENLING BREWING CO., PITTSBURGH BREWING CO., DAVID MICHAEL AND CO., LATROBE BREWING CO., MATT BREWING COMPANY INC., FALSTAFF BREWING CORP., REDHOOK ALE BREWERY INC., SIERRA NEVADA BREWING CO., LION BREWERY INC., MINNESOTA BREWING CO., EVANSVILLE BREWING CO., ROCKIES BREWING CO., D.G. YUENGLING AND SON INC.,OREGON BREWING CO., MONTEBELLO BRANDS INC., JACOB LEINENKUGEL BREWING COMPANY INC., HART BREWING CO., BRECKINRIDGE BREWERY, DESCHUTES BREWERY., SHIPYARD BREWING CO., PORTLAND BREWING CO., FULL SAIL BREWING CO., ANCHOR BREWING CO., B.C. MARKETING CONCEPTS INC., GREAT LAKES BREWING CO., GORDON BIERSCH BREWING CO., BROOKLYN BREWERY LTD., BRIDGEPORT BREWING COMPANY INC., SARASOTA BREWING CO., MCKENZIE BREWING CO., STEVENS POINT BEVERAGE CO., NOR'WESTER BREWING COMPANY INC., JONES BREWING CO., COLD SPRING BREWING CO., DIXIE BREWING COMPANY INC., LOS ANGELES BREWING COMPANY INC., SEATTLE BREWING CO., OTTER CREEK BREWING INC., BROADWAY BREWING L.L.C., BRIESS INDUSTRIES INC., EASTERN BREWING CORP., SPOETZL BREWING., CELIS BREWERY INC., BOULEVARD BREWING ASSOCIATES L.P., MENDOCINO BREWING COMPANY INC., HOPS EXTRACT CORPORATION OF AMERICA., AUGUST SCHELL BREWING CO., KMT MANAGEMENT INC., DILWORTH BREWING CO., SPRECHER BREWING COMPANY INC., YAKIMA BREWING AND MALTING CO., JACQUES BOBBE AND ASSOCIATES INC., MASSACHUSETTS BAY BREWING CO., ROCKIES BREWING CO., BREWSKI BREWING CO., WILLIAM AND SCOTT CO., ODELL BREWING CO., OLDE TOWNE TAVERN AND BREWING CO., STRAUB BREWING COMPANY INC., HALE'S ALES LTD., WILD GOOSE BREWERY INC., FREE STATE BREWING CO., ALASKAN BREWING AND BOTTLING CO., NEW AMSTERDAM CO., WIDMER BREWING CO., BALTIMORE BREWING CO., BUFFALO BILL'S BREWPUB., ZIP CITY BREWING CO., NORTH COAST BREWING COMPANY INC., WILLIAMETTE BREWING CO., SHIPYARD BREWING COMPANY L.L.C., LONG ISLAND BREWING CO., BRICKTOWN BREWERY., FREDERICK BREWING CO., CATAMOUNT BREWING CO., MOUNTAIN VALLEY BREWING CO., ABITA BREWING CO., FRANKENMUTH BREWERY INC., CAPITAL BREWERY INC., LAKEVIEW BREWERY L.P., SUMMIT BREWING CO., OLDENBERG BREWING CO., TABERNASH BREWING CO., STOUDT'S BREWING INC., D.L. GEARY BREWING CO., NEW ENGLAND BREWING CO., PAVICHEVICH BREWING CO., BOHANNON BREWING CO., YUKON BREWING AND BOTTLING CO., NEW HAVEN BREWING CO., JAMES PAGE BREWING CO., HARTFORD BREWERY LTD., SAINT ARNOLD BREWING CO., STEAMSHIP BREWING COMPANY INC., NEW GLARUS BREWING CO., ASSOCIATED MICROBREWERIES INC., LANCASTER MALT BREWING CO., THOMAS KEMPER BREWING INC., MARITIME PACIFIC BREWING CO., REINHEITSBEGOT BREWING CO., MISSION BREWING CO., CHERRYLAND BREWING CO., LAKEFRONT BREWERY INC., GEORGIA BREWING COMPANY LTD., BISON BREWING CO., BRIMSTONE BREWING CO., FISH BREWING CO., SPRING STREET BREWING COMPANY INC., DETROIT AND MACKINAC BREWERY LTD., QUEEN CITY BEER COMPANY LTD., COAST RANGE BREWING CO., INDEPENDENCE BREWING CO., WOODLAND BREWING COMPANY CALIFORNIA L.P., ROCK'N M BREWING CO., SIBRA HOLDING S.A., ELDERS IXL LTD., KIRIN BREWERY COMPANY LTD., BASS PLC., JOHN LABATT LTD., MOLSON COMPANIES LTD., WHITBREAD PLC., GRAND METROPOLITAN PLC., GREENALL WHITLEY PLC., GUINNESS PLC., JOSEPH HUBER BREWING CO., HONOLULU BREWING CO., SCHMIDT BREWING CO., OLD MARLBOROUGH BREWING CO., FRIENDS BREWING CO., BLUE HEN BEER CO., GOOSE ISLAND BREWING CO., INDIANAPOLIS BREWING COMPANY INC., COMMON WEALTH BREWING CO., OLD DOMINION BREWING CO., ANHEUSER-BUSCH INC. TAMPA., OREGON TRAIL BREWERY., UMPQUA BREWING CO., FRONT STREET BREWERY INC., HAMILTON-GREGG BREWWORKS., RIVEROSA COMPANY INC., SLESAR BROTHERS BREWING CO., ATLANTA BREWING CO., BEER HAUS LTD., OLDE HEURICH BREWING CO., BLUEWATER BREWING CO., HOPS! BISTRO AND BREWERY., OREGON ALE AND BEER CO., SAXER BREWING CO., HOSTER BREWING CO., PORT CITY BREWING CO., JOHNSON BEER CO., MIDDLE AGES BREWING COMPANY LTD., FISCHER BREWING COMPANY INC., BARRELHOUSE BREWING CO., VENTURE BREWING INC., BAD FROG BREWERY CO., BREW HOUSE L.L.C., SKAGIT RIVER BREWING CO., FRANCONIA BREWING CO., LEXINGTON CITY BREWERY., AMERICAN SPECIALTY AND CRAFT BEER CO., BARBARY COAST BREWING CO., BAYHAWK ALES INC., HEARTLAND BREWERY., IRISH TIMES PUB AND BREWERY., ALLIED-LYONS PLC., ALLIED HOUSE,


WINERIES:

JOSEPH E. SEAGRAM AND SONS INC., BROWN-FORMAN CORP., HEUBLEIN INC., UST INC., ERNEST AND JULIO GALLO WINERY, CANANDAIGUA WINE COMPANY INC., SUNTORY INTERNATIONAL CORP., HIRAM WALKER AND SONS INC., ROBERT MONDAVI CORP., VINTNERS INTERNATIONAL COMPANY INC., BANFI PRODUCTS CORP., SUTTER HOME WINERY INC., BERINGER WINE ESTATES., FETZER VINEYARDS., WINE ALLIANCE., WINE GROUP INC., VINTNERS INTERNATIONAL COMPANY INC. TAYLOR WINE COMPANY INC., STIMSON LANE WINE AND SPIRITS LTD.,GUILD WINERIES., F. KORBEL AND BROS. INC., HAMMONDSPORT DIV., TODHUNTER INTERNATIONAL INC., DELICATO VINEYARDS.,CHARLES JACQUIN ET CIE., CLOS DU BOIS WINES., S.S. PIERCE CO., ROBERTET INC., SEBASTIANI VINEYARDS INC., COLUMBIA CREST WINERY., BRONCO WINE CO., GLEN ELLEN WINERY., FREIXENET SONOMA CAVES INC., KLEIN FAMILY VINTNERS., DOMAINE CHANDON INC., CHALONE WINE GROUP LTD., CHATEAU STE. MICHELLE., RODNEY STRONG VINEYARDS., VIE-DEL CO., FRANCISCAN VINEYARDS INC., BUENA VISTA WINERY INC., LOUIS M. MARTINI CORP., C. MONDAVI AND SONS., STONE HILL WINERY., DISTILLERIE STOCK USA INC., MODERN DEVELOPMENT CO., CHATEAU ST. JEAN., ST. JULIAN WINE CO., ROUND HILL WINERY., BROTHERHOOD AMERICA'S OLDEST WINERY LTD., WIDMER'S WINE CELLARS INC., MONTEBELLO BRANDS INC., HKS MARKETING LTD., SIMI WINERY INC., OAK RIDGE VINEYARDS., MIRASSOU SALES CO., KENWOOD VINEYARDS., R.H. PHILLIPS INC., V. SATTUI WINERY INC., HOGUE CELLARS LTD., HESS COLLECTION WINERY., TENNER BROTHERS INC., TREFETHEN VINEYARDS WINERY INC., JORDAN VINEYARD AND WINERY., KEDEM FOOD PRODUCTS CO., GIBSON WINE COMPANY INC., PARDUCCI WINE CELLARS., RENAULT WINERY., PINE RIDGE WINERY., TAKARA SAKE U.S.A., SILVER OAK WINE CELLARS., MUMM NAPA VALLEY., MEIER'S WINE CELLARS INC., RAYMOND VINEYARD AND CELLAR INC., COLUMBIA WINERY., WEIBEL INC., THORNTON WINERY., MATANZAS CREEK WINERY., BELVEDERE WINERY., SONOMA-CUTRER VINEYARDS INC., GRAPE LINKS INC., GOLDEN STATE VINTNERS., CHATEAU MONTELENA., ROYAL KEDEM WINE CORP., BEVERAGE SOURCE INC., RABBIT RIDGE VINEYARDS., FERRARI-CARANO VINEYARDS AND WINERY., PIPER SONOMA., MERRYVALE VINEYARDS., FROG'S LEAP WINERY., ARIEL VINEYARDS., FAR NIENTE WINERY., GUNDLACH-BUNDSCHU WINERY., INGLESIDE PLANTATION INC., WILLAMETTE VALLEY VINEYARDS INC., KUNDE ENTERPRISES INC., SCHRAMSBERG VINEYARDS CO., BERNARDUS VINEYARD AND WINERY., FIRESTONE VINEYARD., SPRING MOUNTAIN VINEYARDS., PINDAR VINEYARDS., VIANSA WINERY AND MARKETPLACE., KOHNAN INC., MARKHAM VINEYARDS., SANTA LUCIA WINERY INC., UNIBEV. WILLIAMSBURG WINERY LTD., L. FOPPIANO WINE CO., OZEKI SAKE (U.S.A.P.) INC., STE. CHAPELLE INC., GEYSER PEAK WINERY., SWANSON VINEYARDS AND WINERY., CALIFORNIA WINE CO., HANNS KORNELL CHAMPAGNE CELLARS., WHITEHALL LANE WINERY., STAGS' LEAP WINERY INC., SILVERADO VINEYARDS. FREEMARK ABBEY WINERY., PRINCE MICHEL VINEYARDS., FESS PARKER WINERY AND VINEYARD., PARKER STATION INC., ST. SUPERY VINEYARDS AND WINERY., GLENORA WINE CELLARS INC., VICHON WINERY., FLORA SPRINGS WINE CO., CALLAWAY VINEYARD AND WINERY., VINWOOD CELLARS INC., BULLY HILL VINEYARDS INC., HONOLULU SAKE BREWERY COMPANY LTD., CHATEAU SOUVERAIN., HEITZ WINE CELLARS., ROBERT SINSKEY VINEYARDS., SCHARFFENBERGER CELLARS INC., DREYER WINE GROUP., CAIN CELLARS INC., CAYMUS VINEYARDS., EBERLE WINERY., BENMARL WINE COMPANY LTD., GAINEY VINEYARD., SNOQUALMIE WINERY., CUVAISON INC., JORDAN SPARKLING WINE CO., PETER MICHAEL WINERY INC., DAVID BRUCE WINERY., DOMAIN HILL AND MAYES., TEDESCHI VINEYARDS LTD., SOKOL BLOSSER WINERY., INGLESIDE PLANTATION WINERY., REGENT CHAMPAGNE CELLARS INC. SKY COURT NAPA CORP., LAFOLLETTE VINEYARD AND WINERY., MARTINI AND PRATI WINES INC., NAVARRO VINEYARDS AND WINERY., WILLIAM WHEELER WINERY., SAKONNET VINEYARDS., BONNY DOON WINERY INC., DIAMOND CREEK VINEYARDS., CHATEAU POTELLE WINERY., WARNER VINEYARDS INC., WIEDERKEHR WINE CELLARS INC., NEW YORK STATE 1979 VINIFERA PARTNERS., CHATEAU DE BAUN., LANDMARK VINEYARDS., PALMER VINEYARDS INC., R.H. KEENAN CO., JEPSON VINEYARDS LTD., MOUNT PALOMAR WINERY INC., QUADY WINERY., ALAMBIC INC., MAYACAMAS VINEYARDS INC., OAK KNOLL WINERY INC., JACKSON VALLEY VINEYARDS., FALL CREEK VINEYARDS., EDNA VALLEY VINEYARD., CAREY CELLARS., DEHLINGER WINERY., BOUCHAINE VINEYARDS INC., PRIVATE CELLARS LTD., JUSTIN VINEYARDS AND WINERY., BRUTOCAO CELLARS., ST. JULIAN WINE CO. FRANKENMUTH., TURNBULL WINE CELLARS., MERLION WINERY., HORTON VINEYARDS INC., FISHER VINEYARD., DUCK WALK VINEYARDS INC., JOSEPH CERNIGLIA WINERY INC., PAUL THOMAS CELLARS INC., HIDDEN CELLARS WINERY INC., NOBLE VINEYARD AND LAND MANAGEMENT., MEREDYTH VINEYARDS L.P., CHIMNEY ROCK WINERY., J. ROCHIOLI VINEYARDS CO., EAGLE CREST VINEYARD INC., CHATEAU THOMAS WINERY INC., E WINERY., GRISTINA VINEYARDS INC., DANKORONA WINERY INC., PLAM VINEYARDS AND WINERY INC., BYRON VINEYARD AND WINERY., WILLIAMS SELYEM WINERY., ALEXANDER VALLEY FRUIT AND TRADING CO., EL MOLINO WINERY., BRIDGEHAMPTON WINERY INC., CLOS LACHANCE WINES., CAP ROCK WINERY., OLD MILL WINERY., DUNN VINEYARDS., RUSTRIDGE VINEYARD AND WINERY., W. HOGUE VINEYARDS., GRACE FAMILY VINEYARD., EDMUNDS ST. JOHN., SEA RIDGE WINERY., GROTH VINEYARDS AND WINERY., MILLBROOK VINEYARDS., WENTE BROTHERS. HUNT COUNTRY VINEYARDS., SMITH-MADRONE VINEYARDS AND WINERY., JARVIS., GRAND METROPOLITAN PLC., GUINNESS PLC., ALTAMURA., FREY VINEYARDS LTD., KENDALL-JACKSON WINERY LTD., IRON HORSE VINEYARDS., MOUNT VEEDER WINERY., MATTITUCK HILLS WINERY., HEUBLEIN INC, INGLENOOK., MONT ELISE VINEYARDS., NEW HAMPSHIRE WINERY., SNOQUALMIE FALLS HOLDING CO., ST. MICHAEL VILLA., B.R. COHN WINERY., JOSEPH VICTORI WINES INC., CHAMARD VINEYARDS INC., STEVEN THOMAS LIVINGSTONE WINERY INC., RUTHERFORD HILL WINERY., ETUDE WINES INC., LVMH-MOET HENNESSY LOUIS VUITTON., PLYMOUTH COLONY WINERY., PARAMOUNT DISTILLERS INC. MMAL WINERIES., ROBERT MAZZA INC., SEAGRAM CLASSICS WINE CO., BENZIGER RANCH ASSOCIATES., RAPAZZINI WINERY., ASSOCIATED VINTAGE GROUP., LLANO ESTACADO WINERY INC., HANZELL VINEYARDS., HAKUSHIKA SAKE U.S.A. CORP., VINOVATION INC., CAKEBREAD CELLARS., ROSENBLUM CELLARS INC., DOMAINE CARNEROS LTD., MCDOWELL CELLARS INC., MCDOWELL VALLEY VINEYARDS., STONEGATE INC., WASHINGTON WINE AND BEVERAGE CO., INTERNATIONAL WINE AND SPIRITS LTD., BRIDGEVIEW VINEYARDS INC., FRASINETTI WINERY., SEQUOIA GROVE WINERY PARTNERSHIP., LAUDERDALE CELLARS., OAKSPRING WINERY INC., SEAGRAM COMPANY LTD., PERNOD RICARD S.A., TAKARA SHUZO COMPANY LTD., BROWN-FORMAN BEVERAGE DIV., ALLIED-LYONS PLC., CASCADE CELLARS MANAGEMENT GROUP INC.,

Defendants



CLASS ACTION ALLEGATIONS:

(a) A reference to the portion or portions of Rule 23, Fed. R. Civ. P. , under which it is claimed that the suit is properly maintainable as a class action.

(b) Appropriate allegations thought to justify such claim, including, but not necessarily limited to:

1. NATURE OF THE ACTION

A. Ethyl alcohol consumption can lead to addiction to substances containing ethyl alcohol medically referred to as alcoholism.

1. Acute alcoholism is intoxication, drunkenness, or a temporary mental disturbance with muscular uncoordination and paresis, induced by the ingestion of ethyl alcohol in poisonous amounts;

2. Chronic alcoholism is a pathological condition affecting chiefly the nervous and gastrointestinal systems caused by the habitual consumption of ethyl alcohol in poisonous amounts;

3. Alcoholism, also known as alcohol addiction, is characterized by some of the following criteria.

a) a physiologic dependence as manifested by evidence of withdrawal syndrome when alcohol intake is interrupted;

b) development of a tolerance to the effects of alcohol, wherein a person has high blood levels of alcohol without gross evidence of intoxication and high daily consumption;

c) production of evidence of alcohol-associated illness, such as:

I. Alcoholic liver disease;

ii. Cerebellar degeneration;

iii. Chronic gastritis; and

iv. Coagulation disorders.

d) continued drinking despite strong medical and social contraindications and life disruptions;

e) subjective complaints of loss of control over alcoholic consumption.

f) alcohol stigmas such as tingling nerves, tremor, and alcoholic facies;

g) behavioral characteristics such as unexplained work absences, frequent automobile accidents, suicidal preoccupations, major family disruptions and depression.

B. Addiction to substances containing ethyl alcohol can lead to addiction to other drugs.

C. The risk of addiction to ethyl alcohol are greatly increased when parents or their siblings are addicted to ethyl alcohol products or other drugs.

D. Ethyl alcohol causes central nervous system depression which may cause drowsiness and affect the ability to operate a machine;

E. Ethyl alcohol:

(1) impairs the brain's ability to stimulate various parts of the nervous system, such as in decreasing muscle response time;

(2) impairs the brain's ability to inhibit various parts of the nervous systems, such as in reducing self-restraint;

(3) impairs the nervous system's ability to fully react to the brain's command;

F. Ethyl alcohol reduces the ability of individuals to concentrate, to memorize, the recall and to make rational judgements;

G. Ethyl alcohol can cause uncontrolled mood swings and emotional outbursts including uncontrollable anger, fearlessness and antisocial behavior;

H. Chronic excessive ingestion of ethyl alcohol:

(1) is directly associated with temporary and permanent neurological and mental disorders (e.g. brain damage, memory loss, sleep disturbances, and psychosis);

(2) can result in dietary and vitamin deficiencies, incident to poor nutritional intake and faulty gastrointestinal function of the alcoholic;

(3) can cause various brain disease including:

(a) Wernicke's encephalopathy: loss of appetite, vomiting, ocular disorders including nystagmus, diplopia, and paralysis of ocular muscles, loss of memory, disorientation and coma;

(b) Korsakoff's psychosis: confusion and severe impairment of memory, especially of recent events, and amnesia as a result of nutritional deficiency associated with chronic alcoholism;

(4) has injurious effects on the heart and may be the major cause of cardiomyopathy;

(5) decreases the duration of exercise required to precipitate angina in individuals with classical stable angina;

(6) may cause intracellular lesions on the myocardium associated with congestive heart failure;

I. Alcohol poisoning can result in delirium tremens which is a form of acute insanity marked by sweating, tremor, hallucinations, anxiety, and restlessness;

J. Ethyl alcohol causes vasodilation which may create the feeling of warmth but results in body heat loss;

K. Moderate amounts of alcohol may depress respiration;

L. Large amounts of ethyl alcohol produce dangerous or lethal depression of respiration.

M. Excessive use of ethyl alcohol may have deleterious effects on nocturnal breathing.

N. Large amounts of ethyl alcohol can cause the temperature-regulating mechanism itself to become depressed resulting in a pronounced fall in body temperature;

O. Habitual use of moderate amounts of ethyl alcohol may lead to constipation, diarrhea and vomiting;

P. Ethyl alcohol contributes to pancreatitis, lesions in the esophagus and duodenum;

Q. Ethyl alcohol is associated with permanent liver disorders;

R. Moderate and heavy ethyl alcohol ingestion increases permanent and incurable concentrations of lead in the blood;

S. Ethyl alcohol ingestion during pregnancy can result in:

(1) Fetal Alcohol Syndrome (FAS) manifested by the following symptoms in the newborn:

(a) central nervous dysfunctions such as low IQ and microcephaly;

(b) slowness in growth;

(c) facial abnormalities such as short palpebral fissures, hypoplastic upper lip and short nose;

(d) increased susceptibility to both life-threatening and minor infectious disease because of an impaired immune system;

(2) Permanent retardation in the newborn;

(3) alcohol addition withdrawal in the newborn;

(4) Stillbirths and spontaneous abortions.

T. Ethyl alcohol interacts with many other dugs causing negative synergistic drug reactions; other drugs which ethyl alcohol reacts negatively include psychopharmacologicals, antihistamines and other central nervous system depressants;

U. Acute ethyl alcohol intoxication may be life-threatening and hence, care must be taken to prevent hypothermia and pulmonary aspiration;

V. Acute ethyl alcohol intoxication may cause an individual to become extremely violent in nature due to a loss of central nervous system inhibitory control;

W. Ethyl alcohol should not be consumed by people with:

(1) Gastrointestinal ulcers because it irritates the stomach walls and can lead to further ulceration of stomach;

(2) hepatic disease because;

a. alcohol is metabolized by the liver and an impaired liver may not be capable of producing sufficient quantities of enzymes to reduce blood levels and alcohol;

b. alcohol can exacerbate the pre-existing liver disease.

(3) kidney and renal disease because alcohol acts as a diuretic, increasing the amount of urine output, taxing and possibly damaging an impaired kidney or renal system.

X. Chronic maintenance of high concentrations of ethyl alcohol in blood produced a state of physical dependance which result in:

(1) seizure disorders;

(2) tremulous syndrome;

(3) delirium tremens;

(4) acute alcoholic hallucinations;

(5) addiction similar to that of barbiturates;

(6) nutritional deficiencies;

(7) cerebral atrophy;

(8) cognitive deficiencies;

Y. The required blood level of ethyl alcohol to become intoxicated will increase over time as the frequency and quantity of alcohol ingestion increases; however, the lethal blood level remains constant so that a lethal ingestion of ethyl alcohol may occur before intoxication is felt.

2. NATURE OF DEFENDANTS WRONGFUL CONDUCT AND CONSPIRACY

A. IN GENERAL

1- This action arises out of an ongoing course of wrongful conduct by each defendant individually and in conspiracy with each other.

2- Defendants have pursued a course of conduct and conspiracy of deceit and misrepresentation against the public in order to promote and maintain sales of alcoholic beverages and the profits derived therefrom, to shield themselves from having to pay the costs of alcohol related liabilities.

There are alcoholics; heavy users of alcohol; social drinkers; abstainers, who choose not to drink at all; individuals, because of a chemical imbalance, cannot drink alcohol; temperance organizations who abhor alcohol and then there are the innocent, uneducated, and unsuspecting, who have become victims of alcohol indirectly.

3. ALCOHOLICS ANONYMOUS (A.A.):

A.A. has never attempted to keep formal membership lists. It is extremely difficult to obtain completely accurate figures on total membership at any given time. Therefore the following record of membership by the General Service Office of A.A., as of January 1, 1996, are not definitive. The total reported, plus an average allowance for groups that have not reported their membership is: 1,922,269 members and 95,166 groups.

4. "ORDINARY KNOWLEDGE COMMON TO THE COMMUNITY" has no relevance for the alcoholic and the disease of alcoholism.

From 1980 to 1990, a period of ten years, America sacrificed approximately 1,000,000 lives and accepted an economic cost to the nation of $1000 billion in the name of alcohol. These figures are compounded by other alcohol related problems such as traffic accidents, accidental fatalities, railway accidents, accidental fires, suffocation, suicides, homicide, rape, incest, child abuse, battered spouses, Fetal Alcohol Syndrome (FAS), and myriad of medical and health problems.

There are approximately 10 to 15 million American people who suffer from the disease of alcoholism. Up to 35 million more are affected as family members or other victims. "Ordinary knowledge common to the community?"

5. THE ALCOHOL BEVERAGE INDUSTRY IS RESPONSIBLE AND IS ACCOUNTABLE FOR THIS GENOCIDE AND BURDENSOME COST TO THE AMERICAN SOCIETY?

It seems that the American people are being held responsible, mainly the alcoholic and the heavy user of alcoholic beverages. Abraham Lincoln in his Gettysburg Address said that ours is a "government of the people, by the people, for the people." More strictly speaking, ours is a government by the "consent" of the people-a government agreed to by the people through a written contract called a constitution. It seems that the United States Government has formed a giant consortium with the alcohol beverage industry and the advertising world, too powerful to overcome, in the name of taxes, profit, and personal gain. Are they not responsible and accountable to the American people for the product (agent) alcohol that has destroyed so many lives?

In 1981 the alcohol beverage industry (wine, spirits, and beer) invested $1,014.9 million for advertising. Consumer consumption for 1980 was 28.35 gallons per capita consumption at an expenditure of $50.81 billion. Federal excise taxes for 1980 were: beer - $1.5 billion, spirits - $3.9 billion, and wine - $.021 billion. In 1975 it was reported for Federal State, and Local Taxes - $9.685 billion. Add to the above revenues the federal tax on tobacco for 1980 (the federal tax on cigarettes was doubled in 1982), $2.5 billion and corporate tax of $72 billion, one can readily see why the government went into business with companies that manufacture ADDICTIVE PRODUCTS. Take note of the fact that the alcohol beverage manufacturers also have as subsidiaries major tobacco manufacturers and vice versa.

The "Ad hominem" defense seems to apply in any case of argument brought against the alcohol beverage industry by an individual or group. It is a Latin meaning, "To the Man". The term is used to refer to an argument made against an opponent personally instead of against his argument. The argument is: That the alcohol beverage industry produce, bottle and sell alcoholic beverages for consumption by the public and have for many years past. The alcohol beverage industry advertise their products in order to create a demand therefor. That the alcohol beverage industry "KNOWS OR SHOULD HAVE KNOWN" that alcohol is a deleterious drug and a poison, which is addictive, but despite such knowledge promoted its sale by deceptive marketing practices and by subliminal as well as overt advertising, knowing that alcohol is dangerous to a substantial portion of the population. The judiciary, in its decisions and opinions, reverses the argument and places the onus on the plaintiff (alcoholic or damaged party), using such statements as "The article sold must be dangerous to an extent beyond that which would be contemplated by the "ordinary" consumer who purchases it, with the "ordinary knowledge common to the community as its characteristics". "That the plaintiff (Alcoholic) knew or should have known that the amount of alcohol consumed was potentially lethal." " That the plaintiff knew or should have known of the product's dangerous propensities." "That there is no liability of the dangerous propensities." "That there is no liability of the danger is or should have been known to the user.

6. PRODUCT LIABILITY

It is the responsibility of the manufacturer or seller to pay for harm caused by a defective product. To determine the extent of this responsibility the law considers three theories of product liability; a defendant can be held responsible cause of negligence, breach of warranty, or strict liability. For this class action, the rule of strict liability will be litigated and how it applies to the alcoholic. Strict liability means that the defendant is responsible even if he was not directly at fault. For example, a manufacturer may be liable for injuries caused by a defective product even if the plaintiff cannot prove that the manufacturer was careless. The principle of strict liability developed because the limitation placed on plaintiffs by both negligence and breach of warranty were sometimes used to prevent people who had been injured by defective products from gaining satisfaction in court. Under strict liability, an innocent consumer who knows nothing about disclaimers and the requirements of giving notice to a manufacturer with whom he did not deal cannot be prevented from suing. The rule awards the technical limit of privity, which can create an extensive chain of lawsuits back to the party that originally put the defective product into the mainstream of commerce. It takes the burden of cost of an injury off the innocent consumer and puts it on the manufacturer, who can spread the cost of an occasional injury among all his customers by adding to the price of each product in the first place. This rule of Strict Product Liability is now recognized as law in almost every state. Anyone who sells a product in a defective or dangerous condition is legally liable for any physical harm caused to the user or his property - if the seller regularly sells such products and the consumer receives the product without substantial changes having been made in its condition. The seller (whether a salesperson or manufacturer) is liable even though he has been careful in handling the product and even if the consumer bought the product somewhere else and did not deal directly with him.

7. INADEQUATE LABELING AND FALSE ADVERTISING

"Improper labeling, instructions, or warnings on a product or its container can make a product defective, too. A drug or a poison must be labeled with its correct name. Dangerous products should carry warnings that explain how they should be used, under what circumstances they have caused harm, and what steps to take in an emergency. Warnings can give an antidote for accidental poisoning"..."A manufacturer who creates a demand for goods through print and broadcast media is strictly liable for making sure his product has the qualities advertised to the general public". The manufacturer's or seller's duty to include safeguards, take precautions, and give instructions and warnings has the effect of making some unavoidably unsafe products marketable. Drugs illustrate this principle because they can be dangerous if their use is uncontrolled. If strict liability were applied, drug manufacturers might take beneficial drugs that are high-risk and/or create serious side effects off the market.

8. ALCOHOL-THE DRUG AND THE POISON

Alcohol is a drug (a sedative) one most frequently used and abused. The drug ethanol (alcohol) can be classified with other sedative drugs doctors normally prescribed, such as Librium R, Valium R, or barbiturate, such as Phenobarbital, Seconal R, Nembutal R, or minor tranquilizers, such as Equanil R, Miltown R, or bromide sedatives, such as Miles Nervine R. When alcohol is taken with other drugs, the combination may produce an effect which is greater than the sum of what the effect of each individual drug might be. An effect known as supra-addictive interaction or "Synergism." This synergistic effect may be two to four times greater than the effect of alcohol alone or the pill alone. This greater effect can be very dangerous if the quantities consumed for each drug is high. The synergistic effect depresses heart action and respiration which frequently leads to death. One expert suggested that "...Alcoholism is the name of a disease that should more properly be called "sedativism." It doesn't matter which sedative you use, including alcohol, they all do the same thing to the brain...you could take one away and replace it with another and the brain wouldn't know. A patient with a drinking problem may hide that fact from his doctor. He will complain of feeling anxiety, tension, pain, and sleeplessness. Doctors know from drug companies that sedatives and tranquilizers are made to treat these symptoms. What doctors may not know, nor are they informed by suppliers, is that most sedatives have what is known as a "half-life". This half-life of a drug is the length of time it takes the body to excrete or metabolize half of the given does. One of the most frequently prescribed drugs in use has an average half-life of twenty four hours. The average prescription is for 10mg to be taken four times a day. A simple computation reveals on day one, the user consumes 40mg. On day two, there is still 20mg of the drug active in the body. This amount added to another day;'s 40mg leaves the patient with 60mg on day three-a dosage not contemplated by the doctor. Many doctors are unaware of this half-life action or of the addictive potential of sedative drugs. No one informs them. Most education on sedative drugs comes from the manufacturer who, in many cases, is silent on the subject.

9. ALCOHOL AS A POISON

In sufficient quantities alcohol is a cell poison which is capable of bringing all life functions to a halt in any organism. In smaller amounts alcohol depresses the functions of living cells. In animals like ourselves the depressant effects of alcohol are most readily apparent in the case of the cells of the central nervous system. In the activity of the cells which produce blood, bone, or skin is temporarily diminished there is no way whereby the owner of these cells can subjectively identify this fact.

10. ALCOHOLISM THE DISEASE

In Las Vegas, Nevada, 1966, the American Medical Association drafted the official resolution that was passed a year later, in Houston, Texas, declaring alcoholism a disease. The official 1967 resolution introduced by the Colorado delegation, resolved that the American Medical Association identified alcoholism as a complex disease and as such recognizes that the medical components are medicine's responsibility. Alcoholism and addiction are no longer concepts, they are facts of life. Alcohol addiction (alcoholism) as a disease is marked by a group of characteristics (symptoms and signs) which define a recognizable entity. This disease has a predictable course characterized by remissions and recurrences as well as a predictable outcome of increasing disability and death if left untreated. Illness and death may be related directly to the primary disorder as in overdoses and motor vehicle accidents or related to a host of secondary disorders such as cirrhosis (scarring of the liver), pancreatitis (inflamation of pancreas), bleeding disorders and heart or brain disorders. All of this evidence would indicate that alcoholism is a disease not unlike diabetes or hypertension with an inherited vulnerability activated by host and or environmental factors. This concept of alcoholism as a disease has created a remarkable although, at times, subtle changes in attitude of non-alcoholic toward the alcoholic and the alcoholic toward him/herself.

11. NCADD ADOPTS NEW DEFINITION OF ALCOHOLISM

Alcoholism is a primary, chronic disease with genetic, psychological, and environmental factors influencing its development and manifestations. The disease is often progressive and fatal. It is characterized by continuous or periodic; impaired control over drinking; preoccupation with drug alcohol; use of alcohol despite adverse consequences and distortion of thinking, most notably denial.

* PRIMARY refers to the nature of alcoholism as a disease entity in addition to and separate from other pathopysiologic states which may be associated with it. "Primary" suggests that alcoholism, as an addiction, is not a symptom of an underlying disease state.

*DISEASE means an involuntary disability. It represents the sum of the abnormal phenomena displayed by a group of individuals. These phenomena's are associated with a specified common set of characteristics by which these individuals differ from the "norm", and which places them at a disadvantage.

*OFTEN PROGRESSIVE AND FATAL means that the disease persists over time and that physical, emotional and social changes are often cumulative and may progress as drinking continues. Alcoholism causes premature death through overdose, organic complications involving the brain, liver, heart and many other organs, and by contributing to suicide, homicide, motor vehicle crashes, and other traumatic events.

*IMPAIRED CONTROL means the inability to limit alcohol use or to consistently limit on any drinking occasion the duration of the episode, the quantity consumed, and/or the behavioral consequences of drinking.

* PREOCCUPATION in association with alcohol use indicates excessive, focused attention given the drug alcohol, its effects, and/or its use. The relative value thus assigned to alcohol by the individual often leads to a diversion of energies away from important life concerns.

* ADVERSE CONSEQUENCES are alcohol related problems or impairments in such areas as: physical health (e.g., alcohol withdrawal syndromes, liver disease, gastritis, anemia, neurological disorders); psychological functioning (e.g., impairments in cognition, changes in mood and behavior): interpersonal functioning (e.g., scholastic or job problems): and legal, financial, or spiritual problems.

*DENIAL is used here not only the psychoanalytic sense of a singled psychological defense mechanism disavowing the significance of events, but more broadly to include a range of psychological maneuvers designed to reduce awareness of the fact that alcohol use is the cause of an individual's problems. Denial becomes an integral part of the disease and a major obstacle to recovery.

12. ADDICTION

Dependence on a chemical substance to the extent that a physiologic and/or psychologic need is established. This may be manifested by any combination of the following symptoms: tolerance, preoccupation with obtaining and using the substance, use of the substance despite anticipation of probable adverse consequences, repeated efforts to cut down or control substance use, and withdrawal symptoms when the substance is unavailable or not used.

13. LABELING

In 1972 the Center for Science in the Public Interest (CSPI) looked into what seemed a peculiar oversight of American law: of all foods and beverages, (not to mention dog food and shampoo) sold in the United States, one large class, alcohol beverages, bore no ingredient labels. The Federal Food, Drug, and Cosmetic Act, passed in 1938, made no exception for beer, wine, or liquor. The cause of the "oversight" was that neither federal agency ostensibly in charge of alcohol beverages, not Food and Drug Administration (FDA) which enforces the 1938 law, and not the Bureau of Alcohol, Tobacco, and Firearms (BATF) to which the FDA in 1940 voluntarily surrender responsibility for labeling alcoholic beverages, had fully enforced the law for thirty four years. Which meant almost every brewer, winemaker and distiller in the United States appeared to have been violating the law for all those years. "The consumers' right to know, and in some cases, the need to know the ingredients of all food products", as put by a former director of the BATF is a time honored American tradition. "...It is an equally time honored tradition that alcoholic beverages are among the only foods or beverages in the United States for which manufacturers have not been compelled to disclose ingredients". Full ingredient labeling is only one of several things that should be stated on the label. Most importantly, label notices should remind consumers that alcohol promotes certain cancers, Fetal Alcohol Syndrome, brain damage, dangerous driving and other serious problems. The BDM Corporation, a consulting firm, was hired in 1979 by the BATF to study the health impact of ingredients in alcoholic beverages and the cost of listing those ingredients on labels. BDM estimated that from 475,000 to 1,700,000 Americans are allergic to ingredients in alcoholic beverages. Without informative labels, these persons become tee-totalers, or run the risk of allergic reactions. In addition to allergy-causing substances, BDM reviewed hundreds of research papers concerning some 18 ingredients that could cause adverse effects. According to BDM's report: "Some of the adverse effects appear to be severe and presumably affect a 100,000 or more individuals. The majority of effects are not severe, although they often will result in some cost to the consumer."

14. ADVERTISING

The alcohol beverage industry invests over a billion dollars a year to advertise their products. The heavy user and the alcoholic are the prime targets that their advertising is aimed at. Though they rarely admit it; the knowledge that the media, distillers, brewers, and the wine makers have about their consumer is vastly beyond anything available at NIAAA or any university library. The Brand Rating index, (BRI), one of the fanciest and most expensive of media's national research organizations offered this description of the Heavy User.

" Purely and simply, heavy users are the most important customer you have. They are the men and women who consume well beyond the average...the men and women who account for a markedly disproportionate share of product purchases and usage. As a rule these heavy users represent an unusually small percentage of the total population. In other words, this active buying minority is the "vital purchasing core" of the prime market for luxury products and quality merchandise."

These heavy consumers can be easily correlated and analyzed into complex psycho graphic and demographic profiles. Virtually all alcohol advertising employs subliminal stimuli. One reason certainly, is that heavy consumers of any product at whom most media content is directed, are likely to be highly susceptible to subliminal stimuli used in relation to that product. Subliminal stimuli are insidious and believed responsible for attitudinal frames of reference, moods, emotional predisposition, and residual value systems. There is no possibility of rational decision making or defense, since consciousness is bypassed completely. Both conscious and unconscious motives lie behind every human communication situation. In order for maximum effectiveness, a message must relate to motives or goal seeking behavior at both ends of the communication. However, motives can exist in a repressed state within the brain unconscious mechanism. Many theorist maintain that most of an individual's "real" motives operate at this unconscious level. Conscious or stated motives are usually evasion, camouflage, or frequently mere rationalization serving superficial ego needs. Motives, generally defined, involve reasons for action or attention, goals to be pursued, or purposes to be served. Unconscious but omnipresent motives rarely involve simply the quality or price of a product. They more often relate to the prospect's ego needs, such as status, dominance, security or recognition. Most unconscious motives apparently involve how an individual sees other people seeing him. The most utilitarian motives in communication relate to man's inexhaustible need to support and reinforce his ego. Some research suggests that subliminal stimuli appear to operate much like post-hypnotic suggestions. A substimulus is induced at the unconscious level and surfaces consciously at a later date, say, at the moment of a purchasing decision. The actual reason for the decision, however, is never known to the subject, who may verbalize a complex, even bizarre rational for his behavior, as do most addicts trapped in compulsive behavior.

15. HUMAN PERCEPTUAL DEFENSES

Among Sigmund Freud's major contribution were his early studies on limits of man's conscious behavior; these have been developed and expanded by scores of modern writers on psychological phenomena. In order to avoid anxiety, we construct perceptual defense mechanisms that either limit or distort our perception of reality. Perceptual defenses include repression, isolation, regression, fantasy formation, sublimation, denial, projection and introjection - possibly all describe different aspects of the same mechanism. These defenses erase memories of upsetting experiences, prevent disturbing conscious memory associations, inhibit certain emotions from relating to experiences, or modify the perception of a drive, wish, or fantasy, transforming a drive stimulus which produces guilt into a more acceptable form. Repression is often termed the central mechanism of perceptual defense. R.E. Laing's simple definition is often useful: "We forget something then forget we have forgotten." Though unavailable at the conscious level, repressed information does affect, behavior, usually in ways impossible to consciously recognize. These defenses, unconscious ways in which conscious awareness excludes information that might provoke anxiety, are compulsive acts. Indeed, there is no control over a perceptual defense, nor even any conscious awareness such a defense is in operation. They operate automatically and invisibly, and appear related to individual adjustments within cultures or subcultures. Each culture uniquely confronts its members with an effort to control or manage basic drives. These defensive perceptual strategies actually make it possible for an individual to adapt to a society's imposed restrictions. One of the most unsettling discoveries anyone researching sub-stimuli must eventually confront that once the subliminal information is pointed out, it is easy to perceive consciously. From the point of discovery, in fact, even years after the discovery, it is the primary feature that will be dealt with consciously. Sub-stimuli have a powerful effect upon memory. The artists do not really hide anything! It is always available to anyone who could consciously deal with the information. Viewers actually hide the taboo images from their own conscious awareness, lest they arouse culturally forbidden memories, feelings, or perceptions. This view of human perception is profoundly disturbing to many, especially to those with highly repressed views of themselves and their social and sexual behavior. The United States may well be one of the most repressed societies on earth, purposefully educated in vast areas of reality avoidance. This is an extremely dangerous condition that could threaten both individual and national, if not world, survival. But one thing is apparent at this point: the alcohol beverage industry knows a good deal more than do its consumers, and even the medical profession, about why individuals continue to drink.

16. WHAT CAUSES ALCOHOLISM

Several studies on the problems of maturing have cautioned against the use of alcohol by children and young people. These have been based on the accepted thesis that the average person does not fully mature until they are about 25 years of age. Insurance Companies are concerned about the young and immature driver and for this reason the insurance rates are extremely high until the driver becomes 26 years of age. The maturing process revolves around the development of a small but vital organ located in the brain. This organ known as the hypothalamus, is vitally effected by alcoholic beverages be they beer, wine or liquor. The eminent Dr. Jorge Valles, M.D., a psychiatrist extensively involved in therapy work with alcoholics and vitally concerned as to "what causes the alcoholic" points out in his book "From Social Drinking to Alcoholism" that: "The younger the age at which an individual starts to ingest alcohol, the greater the chances that he will develop into a chronic alcoholic. For the action of the alcohol is channeled directly toward the adolescent's imbalanced hypothalamus and autonomic nervous system, thereby obstructing his emotional maturation on both psychological and physiological levels. The regular or frequent ingestion during adolescence may produce a permanent imbalance of the hypothalamus and a concomitant irreversible malfunctioning of the autonomic nervous system, thereby leading to the development of chronic alcoholism. In brief, the direct action of the alcohol on the hypothalamus produces chronic alcoholism."

17. HEREDITY

Medical research has shown that alcoholism runs in families. Family histories taken from patients indicate that 95% of the time, the mother or father had a drinking problem, or an uncle or brother. Usually when there is an alcoholic in a family, you will find many more in the background. Heredity studies, done all over the world, clearly show that genetics is the most significant single factor determining whether or not an individual will be an alcoholic. Medical science has found an abnormality in the body chemistry of the predispositioned alcoholic. Discovered in the brain of the chronic alcoholic is a substance that is closely related to heroin. This substance has long been known to scientists as Tetrahydrosoquinoline or THIQ for short. Heroin when shot into the body, breaks down and turns into THIQ. When the "normal" adult drinker takes a drink, it is metabolized at the rate of one drink per hour. The body first converts the alcohol to acetaldehyde which is extemely toxic. If it were to build up one would get violently sick and could die. The body gets rid of acetaldehyde by changing it into acetic acid, and then changes it a couple of more times into carbon dioxide and water which is then eliminated throughout the kidneys and the lungs. When the alcoholic takes a drink something additional happens to the above sequence of events. A very small amount of poisonous acetaldehyde is not eliminated, instead it enters the brain, where, through a very complicated biochemical process, it becomes THIQ. THIQ is manufactured in the brain, and it occurs only in the brain of the alcoholic drinker, it does not happen in the "normal" drinker. THIQ is also highly addictive. During the Second World War THIQ was going to be used as a pain killer but it was found to be more addictive than morphine so the scientists had to abandon the use of it. Once THIQ is in the brain it stays. An alcoholic could be sober for 10 or 25 years and then start drinking again. An example of this is an individual, who is alcoholic, sober for 15 years and 65 years of age, taking Geritol for an iron deficiency. The sober alcoholic innocently taking a prescription, sold over the counter, is consuming an iron supplement that has an alcohol content. The THIQ factor becomes activated and the alcoholic will show the same symptoms displayed years before. The alcoholic says, "I don't know why I started again. Drinking was the last thing from my mind". This is the progressiveness of the disease. Families who have a predisposition of alcoholism, an abnormality in the family body chemistry, which is more clearly seen as a predisposition toward making THIQ, have no way of knowing this THIQ making chemistry is inherited. Most "normal" Americans take a drink now and then, and the young alcoholics-to-be want to be normal also. So they take a drink now and then, too. As time goes on the "normal" drinker stays with moderation - the alcoholic's-to-be brain is building a cache of THIN and drinking more and more until the "invisible line" is crossed into alcoholism. Predisposed people cross this line while they are teenagers or earlier, some it may occur when they are 30 or 40 or maybe even retired. But once it does happen, the alcoholic will be addicted to alcohol as he would have been addicted to heroin, if he had been shooting that instead, and for very similar chemical reasons. Now its chronic, progressive, incurable nature is obvious to practically everyone who knows the alcoholic. Now it's all too clearly a disease. "The alcoholic cannot be held responsible for his/her heredity."

18. ALCOHOL USE AND ITS MEDICAL CONSEQUENCES

The Biochemistry, Pharmacology and Toxicology of Alcohol

Most of the acute pharmacological effects of ethyl alcohol are manifestered through the central nervous system (CNS). Ethanol can be described as a primary, functional, irregularly descending CNS depressant. Depression of the mid-brain functions interferes with spinal reflexes and temperature regulation. Ultimately, the medulla also succumbs and death results from a paralysis of the medullary centers.

As the blood alcohol concentration (BAC) rises so also does the concentration in the CNS resulting in a continuous spectrum of effects. The euphoric stage of intoxication is the goal of the social drinker. It is characterized by talkativeness, increased self confidence, decreased inhibitions (but not increased sexual appetite per se), diminution of attention and judgement and loss of efficiency in finer performance tests. The excitement phase begins for most individuals at the BAC accepted as the legal criterion of intoxication. The individual now exhibits emotional instability, impairment of memory and concentration, and some muscular incoordination. In the stage of confusion the individual may be disoriented, dizzy, have exaggerated emotional states (fear, anger, grief), diplopia, ataxia and slurred speech. In the stage of stupor there is marked muscular incoordination with an inability to stand or walk, the response to sensory stimuli is markedly decreased, vomiting and incontinence are common. In the stage of coma, reflexes may be totally abolished. This stage of general anesthesia may progress to the terminal event which is death in respiratory failure.

Ethanol does enhance cutaneous blood flow, and a flush is a common sign of mild intoxication. This effect will accelerate heat loss. In addition the thermoregulatory center is impaired in severe intoxication. Thus, drinking when one is exposed to cold is irrational and dangerous. Ethanol should never be given to victims of hypothermia. In addition, chronic abuse may, by unknown mechanisms, produce myocardiopathy. A skeletal muscle myopathy may also be a consequence of chronic ethanol abuse. Ethanol stimulates the secretion of gastric juices by complex mechanisms, that may involve psychic, neural and humoral factors. Alcohol abuse is etiologically associated with acute and chronic pancreatitis, fatty changes in the liver, inflammation of the liver, cirrhosis and esophagitis. Heavy users of alcoholic beverages have an increased incidence of carcinoma of the pharynx, larynx and esophagus.

Alcohol may aggravate or reactive peptic ulcer. It may exacerbate pre-existing liver disease, and patients with liver disease may be especially sensitive to ethanol because of an impaired ability to metabolize it. Ethanol may trigger seizures in epileptics. Ethanol can potentiate the CNS depressant effects of other drugs, and such combinations should be avoided.

Hypoglycemia may occur in people who drink heavily after a period of not eating. Their hepatic glycogen stores are already depleted, and the increased ration of NADH/NAD as a consequence of ethanol oxidation decreases gluconeogenesis from alpha-glycerophosphate, lactate and pyruvate, and amino acids via oxalacetate. The hypoglycemia may be severe and rarely even fatal. Intoxicated persons may pass from intoxication into hypoglycemic coma. Eventually with chronic excessive abuse of ethanol, physical dependence will develop to the point where an unambiguous withdrawal reaction can be recognized. Minor withdrawal reactions are characterized by insomnia, irritability and tremor whereas major withdrawal reactions include anxiety, agitation, sweating delirium and disorientation. Withdrawal seizures ("rum fits") may occur in the 12 to 48 hour period after the start of abstinence. The combination of delirium with tremor gave rise to the name delirium tremors (DT's) which in its most serious form includes vivid, terrifying hallucinations, tachycardia, fever, sweating and a profoundly hyper metabolic state.

19. ALCOHOL AND THE LIVER

Alcohol is the major cause of liver cirrhosis in developed nations. Ingestion of large quantities of ethanol may be associated with damage to many cells and organs. Chief among these are liver cells which are primarily responsible for ethanol metabolism. Liver damage clearly is related to the degree and duration of ethanol use, even though other environmental and genetic factors may modulate development of cirrhosis or other serious liver injury. Classically, three major categories of liver change or damage have been recognized in association with heavy ingestion (five drinks per day) of ethanol - Fatty liver, alcoholic hepatitis, and alcoholic cirrhosis. The fatty change is completely reversible. Therefore, if alcoholic hepatitis or cirrhosis has not supervened, the prognosis is excellent as long as abstinence or moderation (Three drinks per day) can be maintained. Alcoholic hepatitis is a disease which takes a fairly long time to develop (months to years of excess ethanol) and which is characterized by smoldering necrosis and inflammation. The cornerstones of therapy for alcoholic hepatitis are abstinence, rest and good nutrition. It is not surprising that abstinence might favorably affect the sequella of alcoholic hepatitis. Some authorities say that 80 percent of patients who continue to drink will develop cirrhosis in 1-12 years. Alcoholic cirrhosis, simply states, is a cirrhosis caused by prolonged heavy ingestion of ethanol. Its seems probable that alcoholic hepatitis is a necessary precursor of alcoholic cirrhosis. Because fatty infiltration and active alcoholic hepatitis so often accompany alcoholic cirrhosis, the liver of the alcoholic cirrhotic is more likely to be enlarged, at least at the earlier stages of disease.

At the later stages, the liver may shrink and become indistinguishable from the liver of post-necrotic cirrhosis, due to viral hepatitis or drug-induced liver injury. The principles of management of alcoholic cirrhosis are similar to those for cirrhosis of any etiology, with the added proviso that patients should abstain from further ethanol intake. The complications of alcoholic cirrhosis are due mainly to diminished liver cell function and to marked abnormalities in portal and liver blood flow. This may lead to development of varices and hemorrhoids, as there is enlargement of alternative collateral channels between the splanchnic and systemic circulations. These dilated collaterals may rupture, producing GI bleeding. The bleeding may be exacerbated by accompanying defects in blood coagulation due to liver cell failure or to consumptive coagulopathy (DIC). Other complications of cirrhosis include ascites, edema, renal tubular acidosis, functional renal failure, increased incidence of peptic ulcer, increased incidence of pigment gallstones, diabetic-like glucose intolerance, increased absorption of iron from the GI tract, coagulopathy, impaired immune function, impaired leukocyte function, hypersplenism, and development of hepatoma. Alcoholic cirrhosis is a serious disease; particularly if the cirrhosis is "decompensated" as evidence by jaundice, acites, functional renal insufficiency, and/or variceal hemorrhage. The prognosis can be improved by abstinence, especially if the disease is not already far advance.

20. HEMATOLOGIC COMPLICATIONS OF ALCOHOL

Alcohol affects virtually all products of the hematopoietic system. Its effects on erythropoiesis leads to anemia. Folic acid deficiency results from decreased ingestion, impaired absorption and abnormal folate metabolism. Patients with alcoholism have an increased susceptibility to infection. Such infections are usually more severe than in the non-alcoholic patient and are associated with higher mortality. Although the lung is the most common site of infection, there is an increased incidence of other life-threatening infections such as septicemia, septic arthritis, meningitis, and peritonitis.

21. ALCOHOL AND THE ALIMENTARY TRACT

Heavy ethanol consumption and cigarette smoking significantly increase the risk of developing esophageal cancer. Evidence is inconclusive on whether ethanol alone is carcinogenic or whether it enhances the carcinogenic effect of tobacco. There may be a direct damaging effect on the mucosa exposed to high concentrations of ethanol. Nutritional deficiencies associated with chronic alcoholism may induce metaplasia in the esophageal mucosa, making it more sensitive to carcinogenic stimulation. Other substances in the alcoholic beverage, such as Nitrosomonas and polycyclic hydrocarbons, may also play a role. One of the most important consequences of alcoholic cirrhosis is the development of portal hypertension and esophageal varices. Bleeding from esophageal varices may be life threatening. Chronic ethanol use may lead to varying degrees of chronic gastritis. The frequency may be influenced by other factors such as cirrhosis, age, malnutrition, medications, and concomitant systemic disease.

22. ALCOHOL AND THE PANCREAS

The precise incidence of ethanol-related pancreatitis varies depending on the population studied. In the U.S.A. and other developed countries the etiology is about 1/3 from ethanol, 1/3 from gallstones and 1/3 from all other causes. The typical patient with alcoholic chronic pancreatitis is a middle-aged man who has drunk heavily for 10-25 years. Blood and urine glucose may be increased. Other signs of chronic alcoholism (hematologic, neurologic, hepatic, etc.,) may be apparent. Some people are constitutionally resistant to the development of alcoholic pancreatitis despite years of heavy drinking. 50 percent of chronic heavy drinkers at post mortem will have evidence of chronic pancreatitis. A minority of patients suffer clinically overt chronic pancreatitis and even smaller portion die from pancreatitis per se.

23. ALCOHOL: PREGNANCY AND THE FETAL ALCOHOL SYNDROME

"Behold, thou shalt conceive and bear a son: and now drink no wine or strong drinks." (Judges, 13:7)

"Foolish, drunken and hair-brained women most often bring forth children like unto themselves, morose and languid." (Aristotle) Since earliest times, maternal alcohol use during pregnancy has been suspected to have an adverse effect on the developing fetus. Drs. Kenneth L. Jones and David W. Smith reported that they had identified a "characteristic pattern of malformation" in 8 children of alcoholic women. This pattern was characterized by a concurrent triad of signs: growth deficiency, altered morphagenesis (especially facial), and mental retardation. The pattern was termed "fetal alcohol syndrome" (FAS). Since FAS was first identified, maternal drinking has been linked to a broad spectrum of fetal effects that range from subtle to severe. These include not only the full fetal alcohol syndrome, but intrauterine growth retardation, increased risk of anomalies, effects on behavior and intelligence and increased mortality. Major effects of ethanol by trimester of pregnancy are, trimester: (1) major morphologic abnormalities, (2) increased risk of spontaneous abortion, (3) decreased fetal growth. No "safe" dose of alcohol in pregnancy has been identified. Further more, there does not appear to be a "safe" period of pregnancy. Rapid fetal growth, especially of the brain, in the third trimester makes this a vulnerable period as well. FAS children are generally below the third percentile in height, weight, and/or head circumference. They often eat poorly, with poor sucking in infancy. They may be hospitalized for failure to thrive. Other physical findings often seen in FAS are: eye anomalies such as ptosis and strabismus, ear anomalies, prominent palatine ridges, cardiac defects, pictus excavatum, external genital anomalies (labial hypopiasia), aberrant palmer creases, and hemangiomas. Mental retardation is the most debilitating feature of fetal alcohol syndrome. The average IQ score for children with FAS is around 2 standard deviations (30 points) below the normal mean IQ of 100. The mental deficiency and microcephaly seen in children with FAS have been attributed to diminished brain growth. In general, the more severe the physical signs of FAS, the more profound is the accompanying mental retardation. The monetary cost of providing life-time medical and custodial care and remedial education for the cohort of expected FAS and FAE cases in the State of New York in 1978 was estimated to be over $155 million. When this estimate was extrapolated to the country as a whole, these direct costs of all FAS and FAE cases in the United States exceed a billion dollars each year. Added to this are huge social costs, including lost productivity, permanent physical, mental and behavioral disabilities, and the enormous burden on the child and the family associated with fetal alcohol effects. Yet these effects are completely preventable.

24. ENDOCRINE AND METABOLIC EFFECTS OF ALCOHOL

Both acute and chronic ingestion of alcohol often have distinct effects on various endocrine and metabolic systems. Liver disease and malnutrition associated with alcoholism may also have adverse endocrine effects.

Male alcoholics may complain of decreased libido and/or impotence. Gynecomastia is often found. Examination also frequently reveals atrophy of testes. Other sexual characteristics are usually intact, although some patients may develop a female escutcheon. In one study of 50 hospitalized men with alcoholic liver disease, over half had testicular atrophy and even more had a female escutcheon. Both a decreased sperm count and decreased serum testosterone concentration are common findings. The chronic alcoholic woman may have infrequent periods or even total cessation of cyclic menstrual flow. Decreased fertility has also been reported. It is thought that alcohol may have a direct toxic effect on the ovaries as well as on the secretion of gonadotropin by the pituitary gland. In addition, both malnutrition and chronic disease may cause amenorrhea, probably via a hypthalmamic effect.

25. CONCLUSION

Alcoholism, like crime and mental illness, seems to run in families. Few who have known an alcoholic are likely to argue that an alcoholic's behavior will have no impact on his or her family. Partly for this reason, the relatively high rate of alcoholism found among children of alcoholics has often been interpreted in social-psychological terms. Over the last two decades, however, evidence has mounted to suggest a genetic component in the development of alcoholism. Whether genetic factors placing a person at risk for alcoholism will produce alcoholism seems to depend, at least in part, on the environment.

As stated in the beginning of this action, 10 to 15 million American people were documented as being alcoholics and another 35 million are affected as family members or other victims. Other statistics are as follows:

a- There are approximately 500,000 men and women in local, state, and federal prisons. 50 to 70% are incarcerated because of alcohol related crimes. Homicide - 64%; Assaults - 41%; Rape - 34%; Robbery - 72%.

b- Suicide - 30%; Child abuse - 60%; Fire fatalities - 53%; Drowning - 68%.

c- Alcohol is responsible for the majority of family breakups.

d- Alcohol is responsible for the majority of battered women and children. 38% of child abusing parents have a history of drinking problems.

Each and every statistic is or was a family member: THE FAMILY IS AMERICA!

"THEY KNEW OR SHOULD HAVE KNOWN", the burden, responsibility, and accountability should be that of the alcohol beverage industry. The primary financial responsibility is that of the alcohol beverage industry to reimburse society for the devastation their product generates. Not only does the alcohol beverage industry have the duty to warn and reimburse, they must also provide the public with the facts about the true, scientific consequences of drinking alcoholic beverages. The consumer has not been properly informed and has been denied his or her right to know. Any member of our American Society, hurt by alcohol consumption, has a right to be paid for his or her damages.

26.That the plaintiff, WILLIAM MACDOWELL, resides at Stuart, Florida.

27.That the plaintiff, ELIZABETH MACDOWELL, is the present wife of the plaintiff, WILLIAM MACDOWELL for fourteen (14) years and presently resides at Stuart, Florida.

28.That the plaintiff, Mary Macdowell, was the wife of the plaintiff, WILLIAM MACDOWELL for over twenty (20) years and presently resides in New York.

29.That the plaintiff,THERESA CAPUTO, is the daughter of plaintiffs, ELIZABETH MACDOWELL and PHILIP ALBO and resides in Florida.

30.That the plaintiff, PHILIP ALBO, was the husband of the plaintiff, ELIZABETH MACDOWELL for over twenty (20) years, and resides in Nassau County, New York.

31.That the plaintiff, MARYANN RANDAZZO is the daughter of plaintiffs, WILLIAM MACDOWELL and MARY MACDOWELL, and resides in Florida.

32.That the plaintiff, WILLIAM MACDOWELL, JR.,is the son of the plaintiffs, WILLIAM MACDOWELL and MARY MACDOWELL, and resides in Florida.

33.That the plaintiff, NOREEN GALASSO, is the daughter of the plaintiffs, WILLIAM MACDOWELL and MARY MACDOWELL,and resides in Florida.

34.That the plaintiff, ROBERT MACDOWELL, is the son of the plaintiffs, WILLIAM MACDOWELL and MARY MACDOWELL, and resides in Suffolk County, New York.

35. That the plaintiff, JANET LABELLA, is the daughter of the plaintiffs, WILLIAM MACDOWELL and MARY MACDOWELL, and resides in Nassau County, New York.
36. That the plaintiff, KENNETH MACDOWELL, is the son of the plaintiffs, WILLIAM MACDOWELL and MARY MACDOWELL, and resides in Maryland.

37. That the plaintiff, SCOTT MACDOWELL, is the son of the plaintiffs, WILLIAM MACDOWELL and MARY MACDOWELL, and resides in New York State.

38. That the plaintiff, MICHAEL MALCOLM MCDONALD (DECEASED),

was the husband of the plaintiff MARGARET MCDONALD, and was the father of the plaintiffs MALCOLM MCDONALD, JR., EUGENE MCDONALD, and GREGORY MCDONALD.

39. That the plaintiff, MARGARET MCDONALD, is the widow of plaintiff MICHAEL MALCOLM MCDONALD, and resides in New York.

40. That the plaintiff, MALCOLM MCDONALD, was the son of the plaintiff MICHAEL MALCOLM MCDONALD, and resides in Australia.

41. That the plaintiff, EUGENE MCDONALD, was the son of the plaintiff MICHAEL MALCOLM MCDONALD, and resides in New York.

42. That the plaintiff GREGORY MCDONALD, was the son of the plaintiff, MICHAEL MALCOLM MCDONALD, and resides in New York.

INTERNATIONAL PLAINTIFFS

43. That the plaintiff, DIANA FRANCES(NEE SPENCER), PRINCESS of WALES (DECEASED), was the mother of plaintiffs, PRINCE WILLIAM and PRINCE HARRY, and resided in ENGLAND.

44. That the plaintiff, DODI FAYED (DECEASED),was the son of the plaintiff, MOHAMED AL FAYED, and resided in France .

45. That the plaintiff, HENRI PAUL (DECEASED), had unknown relatives, and lived in France.

46. That the plaintiff, TREVOR REES-JONES, has unknown relatives,and lives in England.

47. That the plaintiffs, PRINCE WILLIAM and PRINCE HARRY, are the sons of the plaintiff, DIANA, PRINCESS OF WALES, (DECEASED) and live in England.


48. DEFENDANTS

That upon information and belief, the below named defendants are domestic or foreign corporations organized and existing under the laws of the States, including the State of Delaware of their incorporation,and laws pertaining to foreign corporations.

DISTILLERS

American Brands Inc.
P.O. Box 811, Old Greenwich, Connecticut 06870-0811 United States
(203) 698-5000.
Revenue: $11,579.3 M Sales Employees: 28000

A list of Five Hundred plus Defendants typical of the above, can be purchased through VOAI. For more information please follow this Link.

49. That the above named defendants produce, bottle and sell alcoholic beverages for consumption by the public and have for many years past. That said defendants advertise their alcoholic products in order to create a demand therefor >

50. That each of the above defendants knows, or should have known, that alcohol is a deleterious drug and poison, but depite such knowledge promoted its sale by deceptive marketing practices and by subliminal as well as overt advertising, knowing that alcohol is dangerous to a substantial of the population.

51. That the juristiction of this court is invoked on the basis of diversity of the residences of the plaintiffs and defendants and that the amount in controversy exceeds one hundred thousand ($100,000.00) dollars.

AS AND FOR A FIRST CAUSE OF ACTION

BY THE PLAINTIFFS, WILLIAM MACDOWELL,

PHILIP ALBO, MICHAEL MALCOLM MCDONALD (DECEASED)

ON BEHALF OF ALL PERSONS SIMILARALY SITUATED

52. That the plaintiffs, WILLIAM MACDOWELL, PHILIP ALBO, MICHAEL MALCOLM MCDONALD (DECEASED) and all similarly situated, are/(were) and now and have always been alcoholics for at least forty (40) years each.

53. That the defendants directly and indirectly through retail stores, bars, saloons, restaurants and other places caused to be sold alcoholic beverages to the plaintiffs, WILLIAM MACDOWELL, PHILIP ALBO, MICHAEL MALCOLM MCDONALD (DECEASED), and all similarly situated.

54. That at the time these beverages were sold to the plaintiffs, the defendants knew, or should have known, that said drug and poison, alcohol, could or would cause physical, emotional, spiritual, mental impairment and death to said plaintiffs, WILLIAM MACDOWELL, PHILIP ALBO, MICHAEL MALCOLM MCDONALD (DECEASED) and/or other alcoholics, constituting a substantial portion of the population. That upon information and belief there are at least twelve million (12,000,000) alcoholics in the United States similarly addicted to the said drug, alcohol.

55. That notwithstanding such knowledge the defendants sold, and continued to sell, alcoholic beverages directly and indirectly through retail stores, bars, saloons, restaurants and other places, all to plaintiff's WILLIAM MACDOWELL, PHILIP ALBO, MICHAEL MALCOLM MCDONALD and/or all other alcoholic's damage. Defendants issued no warnings as to the the said deleterious effects of said drugs and promoted its sale by subliminal as well as overt advertising. That the defendants know and have known for many years past that the drug, alcohol, is a mind altering drug and poison, spiritually, mentally, emotionally and physically damaging, as well as addictive, to a substantial portion of the population (alcoholics) and causes to such people grievous damage.

56. That as alcoholics, plaintiffs, WILLIAM MACDOWELL, PHILIP ALBO, MICHAEL MCDONALD and/or all other alcoholics, are/(were) addicted to the drug, alcohol, which causes, and has caused the plaintiffs, and/or all other alcoholics, to sustain the following damages:

(i) Loss of spiritual being

(ii) Loss of wife/husband and family

(iii) Loss of home

(iv) Mental impairment

(v) Physical impairment

(vi) Shortened life expectancey

(vii) Emotional impairment

(viii) Sexual impairment

(ix) Dehumanization of the individual

(x) Loss of numerous businesses and business opportunities

(xi) Loss of numerous jobs

(xii) Hospitalizations due to alcohol

(xiii) Incarcerations due to alcohol

(xiv) DEATH (AGE 66) - MICHAEL MALCOLM MCDONALD (CIRRHOSIS OF THE LIVER AND OTHER PHYSICAL COMPLICATIONS ASSOCIATED WITH THE DRUG/POISON ALCOHOL)

(xv) Domestic violence

(xvi) Numerous other items of damage

AS AND FOR A SECOND CAUSE OF ACTION,

BY THE PLAINTIFF, MARY MACDOWELL,

AND ALL OTHERS SIMILARLY SITUATED

57. The plaintiff, MARY MACDOWELL, and all similarly situated, repeats and realleges each and every allegation contained in paragraphs 1 through 56 with the same force and effect as if set forth at length.

58. That plaintiff, MARY MACDOWELL, was married to to the plaintiff, WILLIAM MACDOWELL, on the 20th day of June, 1953 and that there were seven (7) issue of said marriage.

59. That plaintiff, WILLIAM MACDOWELL, was an active alcoholic during a substantial period which caused great emotional, physical, spiritual and mental damage to plaintiff, MARY MACDOWELL.

60. That the defendants, by their sale of alcoholic beverages to the plaintiff, WILLIAM MACDOWELL, caused directly and indirectly the damages caused by said plaintiff, WILLIAM MACDOWELL, to the plaintiff, MARY MACDOWELL. That said sales were with the imputed knowledge that they would cause such damages.

61. That the damages caused to plaintiff, MARY MACDOWELL, by the action of the defendants are as follows:

(i) Mental impairment

(ii) Physical impairment

(iii) Emotional impairment

(iv) Social impairment

(v) Loss of home

(vi) Alienation of children

(vii) Numerous other items of damage.

62. That items enumerated above have caused damage to plaintiff, MARY MACDOWELL, and all others similarly situated.

AS AND FOR A THIRD CAUSE OF ACTION

BY THE PLAINTIFFS, MARYANN RANDAZZO.

WILLIAM MACDOWELL, JR., NOREEN GALASSO,

ROBERT MACDOWELL, JANET LABELLA,

KENNETH MACDOWELL AND SCOTT MACDOWELL,

AND ALL OTHERS SIMILARLY SITUATED

63. That the plaintiffs, MARYANN RANDAZZO, WILLIAM MACDOWELL, NOREEN GALASSO, ROBERT MACDOWELL, JANET LABELLA, KENNETH MACDOWELL AND SCOTT MACDOWELL, and all others similarly situated, repeat and reallege each and every allegation contained in paragraphs 1 through 62 of the complaint as if set forth at lenghth.

64. That the plaintiffs, MARYANN RANDAZZO, WILLIAM MACDOWELL, JR., NOREEN GALASSO, ROBERT MACDOWELL, JANET LABELLA, KENNETH MACDOWELL AND SCOTT MACDOWELL are the children of the plaintiffs WILLIAM MACDOWELL and MARY MACDOWELL.

65. That the beverages, containing the drug and poison, alcohol, sold by the defendants to the plaintiff's father, WILLIAM MACDOWELL, caused to the plaintiffs, MARYANN RANDAZZO, WILLIAM MACDOWELL, JR., NOREEN GALASSO, ROBERT MACDOWELL, JANET LABELLA, KENNETH MACDOWELL and SCOTT MACDOWELL, through their father severe damage as follows:

(i) Spiritual impairment

(ii) Mental impairment

(iii) Emotional impairment

(iv) Physical impairment

(v) Alienation of parents

(vi) Loss of family unit

(vii) Numerous other items of damage

66. That the defendants knew, or should have known, that the beverages sold by them, containing the drug and poison, alcohol, would cause the damages alleged above to the plaintiffs, MARYANN RANDAZZO, WILLIAM MACDOWELL, JR., NOREEN GALASSO, ROBERT MACDOWELL, JANET LABELLA, KENNETH MACDOWELL and SCOTT MACDOWELL, or to all others similarly situated.

AS AND FOR A FOURTH CAUSE OF ACTION

BY THE PLAINTIFF, ELIZABETH MACDOWELL

ON BEHALF OF ALL PERSONS SIMILARLY SITUATED

67. The plaintiff, ELIZABETH MACDOWELL, and all similarly situated, repeats and realleges each and every allegation contained in paragraphs 1 through 66 with the same force and effect as if set forth at length.

68. The plaintiff, ELIZABETH MACDOWELL, was married to plaintiff, PHILIP ALBO, on the 9th day of November, 1957 and that there was one (1) issue of said marriage.

69. That plaintiff, PHILIP ALBO, was an active alcoholic during a substantial period which caused great emotional, physical, spiritual and mental damage to plaintiff, ELIZABETH MACDOWELL.

70. That plaintiff, ELIZABETH MACDOWELL, married plaintiff, WILLIAM MACDOWELL, on the 18 day of July, 1983.

71. That the defendants, by their sale of alcoholic beverages to the plaintiff, PHIP ALBO, caused directly and indirectly the damages caused by said plaintiff, PHILIP ALBO, to the plaintiff, ELIZABETH MACDOWELL. That said sales were with the imputed knowledge that they would cause such damages.

72. That the damages caused to plaintiff, ELIZABETH MACDOWELL, by the action of the defendants are as follows:

(i) Mental impairment

(ii) Physical impairment

(iii) Emotional impairment

(iv) Social impairment

(v) Loss of home

(vi) Alienation of child

(vii) Domestic violence

(viii) Numerous other items of damage.

73. That items enumerated above have caused damage to plaintiff, ELIZABETH MACDOWELL, and all others similarly situated.

AS AND FOR A FIFTH CAUSE OF ACTION

BY THE PLAINTIFF, THERESA CAPUTO

ON BEHALF OF ALL PERSONS SIMILARLY SITUATED

74. That the plaintiff, THERESA CAPUTO, and all others similarly situated, repeat and reallege each and every allegation contained in paragraphs 1 through 73 of the complaint as if set forth at lenghth.

75. That the plaintiff, THERESA CAPUTO, is the child of the plaintiffs, ELIZABETH MACDOWELL and PHILIP ALBO.

76. That the beverages, containing the drug and poison, alcohol, sold by the defendants to the plaintiff's father, PHILIP ALBO, caused to the plaintiff, through her father severe damage as follows:

(i) Spiritual impairment

(ii) Mental impairment

(iii) Emotional impairment

(iv) Physical impairment

(v) Alienation of parents

(vi) Loss of family unit

(vii) Domestic violence

(viii) Numerous other items of damage

77. That the defendants knew, or should have known, that the beverages sold by them, containing the drug and poison, alcohol, would cause the damages alleged above to the plaintiff, THERESA CAPUTO, and or to all others similarly situated.

AS AND FOR A SIXTH CAUSE OF ACTION

BY THE PLAINTIFF, MARGARET MCDONALD

ON BEHALF OF ALL PERSONS SIMILARLY SITUATED

78. The plaintiff, MARGARET MCDONALD, and all similarly situated, repeats and realleges each and every allegation contained in paragraphs 1 through 77 with the same force and effect as if set forth at length.

79. The plaintiff, MARGARET MCDONALD, was married to plaintiff, MICHAEL MALCOM MCDONALD, and was his second wife, after his first wife divorced him because of his aloholism.

80. That plaintiff, MICHAEL MALCOLM MCDONALD, was an active alcoholic during a substantial period which caused great emotional, physical, spiritual and mental damage to plaintiff, MARGARET MCDONALD.

81. That the defendants, by their sale of alcoholic beverages to the plaintiff, MICHAEL MALCOLM MCDONALD caused directly and indirectly the damages caused by said plaintiff, MICHAEL MALCOLM MCDONALD,to the plaintiff, MARGARET MCDONALD. That said sales were with the imputed knowledge that they would cause such damages.

82. That the damages caused to plaintiff, MARGARET MCDONALD, by the action of the defendants are as follows:

(i) Mental impairment

(ii) Physical impairment

(iii) Emotional impairment

(iv) Social impairment

(v) Became a widow

(vi) Numerous other items of damage.

83. That items enumerated above have caused damage to plaintiff, MARGARET MCDONALD, and all others similarly situated.

AS AND FOR A SEVENTH CAUSE OF ACTION

BY THE PLAINTIFFS, MALCOLM MCDONALD,

EUGENE MCDONALD, AND GREGORY MCDONALD,

AND ALL OTHERS SIMILARLY SITUATED

84. The plaintiffs, MALCOLM MCDONALD, EUGENE MCDONALD, AND GREGORY MCDONALD, and all similarly situated, repeats and realleges each and every allegation contained in paragraphs 1 through 83 with the same force and effect as if set forth at length.

85. That the plaintiffs, MALCOLM MCDONALD, EUGENE MCDONALD, AND GREGORY MCDONALD, are the children of the plaintiff, MICHAEL MALCOLM MCDONALD.

86. That the beverages, containing the drug and poison, alcohol, sold by the defendants to the plaintiff's father, MICHAEL MALCOLM MCDONALD, caused to the plaintiffs, MALCOLM MCDONALD, EUGENE MCDONALD, AND GREGORY MCDONALD, through their father severe damage as follows:

(i) Spiritual impairment

(ii) Mental impairment

(iii) Emotional impairment

(iv) Physical impairment

(v) Alienation of parents

(vi) Loss of family unit

(vii) Loss and death of father

(viii) Numerous other items of damage

87. That the defendants knew, or should have known, that the beverages sold by them, containing the drug and poison, alcohol, would cause the damages alleged above to the plaintiffs, MALCOLM MCDONALD, EUGENE MCDONALD, AND GREGORY MCDONALD, and or to all others similarly situated.

INTERNATIONAL PLAINTIFFS

AS AND FOR A EIGHTH CAUSE OF ACTION

BY THE PLAINTIFFS,

DIANA FRANCES (NEE SPENCER), PRINCESS OF WALES (DECEASED),

DODI FAYED (DECEASED), HENRI PAUL (DECEASED)

ON BEHALF OF AND ALL OTHERS SIMILARLY SITUATED


88. The plaintiffs, DIANA FRANCES (NEE SPENCER), PRINCESS OF WALES (DECEASED), DODI FAYED (DECEASED), HENRI PAUL (DECEASED), and all similarly situated, repeats and realleges each and every allegation contained in paragraphs 1 through 87 with the same force and effect as if set forth at length.

89. That the beverages, containing the drug and poison, alcohol, (one alcoholic beverage allegedly sold to plaintiff, HENRI PAUL, was Ricard pastis, a French liquer about as potent as whiskey), by the defendants, domestic and international, to the plaintiff, HENRI PAUL, caused to the plaintiffs, DIANA FRANCES (NEE SPENCER), PRINCESS OF WALES (DECEASED), DODI FAYED (DECEASED), HENRI PAUL (DECEASED), through, HENRI PAUL (DECEASED), DEATH and severe damage as follows:

(i) Loss of their lives

(ii) Numerous other items of damage

90. That the defendants knew, or should have known, that the beverages sold by them, containing the drug and poison, alcohol, would cause the damages alleged above to the plaintiffs,

DIANA FRANCES (NEE SPENCER), PRINCESS OF WALES (DECEASED), DODI FAYED (DECEASED), HENRI PAUL (DECEASED).

AS AND FOR A NINTH CAUSE OF ACTION

BY THE PLAINTIFF TREVOR REES-JONES

ON BEHALF OF AND ALL OTHERS SIMILARLY SITUATED

91. The plaintiff, TREVOR REES-JONES, and all similarly situated, repeats and realleges each and every allegation contained in paragraphs 1 through 90 with the same force and effect as if set forth at length.

92. That the beverages, containing the drug and poison, alcohol, sold by the defendants, domestic and international, to the plaintiff, HENRI PAUL, caused to the plaintiff, through, HENRI PAUL (DECEASED), severe damage as follows:

(i) To be a victim of an automobile accident

(ii) To suffer extensive bodily injuries, external and internal, requiring hospitalization

(iii) To suffer extensive emotional impairment

(iv) To suffer memory loss

(v) Numerous other items of damage

93. That the defendants knew, or should have known, that the beverages sold by them, containing the drug and poison, alcohol, would cause the damages alleged above to the plaintiff TREVOR REES-JONES.

AS AND FOR A TENTH CAUSE OF ACTION

BY THE PLAINTIFFS, PRINCE WILLIAM AND PRINCE HARRY

ON BEHALF OF AND ALL OTHERS SIMILARLY SITUATED

94. The plaintiffs, PRINCE WILLIAM and PRINCE HARRY, and all similarly situated, repeats and realleges each and every allegation contained in paragraphs 1 through 93 with the same force and effect as if set forth at length.

95. That the beverages, containing the drug and poison, alcohol, sold by the defendants, domestic and international, to the plaintiff, HENRI PAUL, caused to the plaintiff, through, HENRI PAUL (DECEASED), severe damage as follows:

(i) Spiritual impairment

(ii) Mental impairment

(iii) Emotional impairment

(iv) Physical impairment

(v) Loss of family unit

(vi) Loss and death of mother

(vii) Numerous other items of damage

96. That the defendants knew, or should have known, that the beverages sold by them, containing the drug and poison, alcohol, would cause the damages alleged above to the plaintiffs, PRINCE WILLIAM and PRINCE HARRY, and or to all others similarly situated.

AS AND FOR A ELEVENTH CAUSE OF ACTION

BY THE PLAINTIFF, MOHAMED AL FAYED

ON BEHALF OF AND ALL OTHERS SIMILARLY SITUATED

97. The plaintiff, MOHAMED AL FAYED, and all similarly situated, repeats and realleges each and every allegation contained in paragraphs 1 through 96 with the same force and effect as if set forth at length.

98. That the beverages, containing the drug and poison, alcohol, sold by the defendants, domestic and international, to the plaintiff, HENRI PAUL, caused to the plaintiff, through, HENRI PAUL (DECEASED), severe damage as follows:

(i) Spiritual impairment

(ii) Mental impairment

(iii) Emotional impairment

(iv) Physical impairment

(v) Loss of family unit

(vi) Loss and death of son

(vii) Numerous other items of damage

96. That the defendants knew, or should have known, that the beverages sold by them, containing the drug and poison, alcohol, would cause the damages alleged above to the plaintiff,

MOHAMED AL FAYED, and or to all others similarly situated.

RELIEF REQUESTED

97. WHEREFORE, Victory Over Addiction International, Inc., representing the Plaintiffs, by its Founder, William Macdowell, respectfully requests that this Honorable Court issue an order and judgment against the Defendants, jointly and severally, as follows:

A. Ordering Defendants to disclose, disseminate, and publish all research previously conducted directly or indirectly by themselves and their respective agents, affiliates, servants, officers, directors, employees, and all other persons acting in concert with them, that relates to the public health issues of drinking alcohol beverages and alcohol addiction;

B. Ordering Defendants to fund a corrective public education campaign relating to public health issues of drinking and alcohol addiction, administered and controlled by Victory Over Addiction International, Inc., and a independent third party;

C. Ordering Defendants to make corrective statements regarding the health risks of drinking and the addictive properties of alcohol in their products and enjoining them from continuing to make false, misleading or deceptive statements or representations concerning their alcohol products;

D. Ordering Defendants to fund alcohol cessation programs including the provision of medically approved alcohol replacement therapy for dependent drinkers of alcohol beverages;

E. Ordering the Defendants to pay restitution in the amount to be proven at trial, presently estimated to be in excess of $1,000,000 billion (one million billion U.S.A. dollars) for every allegation contained in paragraphs 1 through 96, together with interest and costs;

F. Awarding Victory Over Addiction International, Inc., representing the Plaintiffs, reasonable attorneys fees and costs;

G. Awarding Victory Over addiction International, Inc., representing the Plaintiffs, punitive money damages, to be determined at trial against the Defendants in order to sufficiently punish the Defendants for their wrongful conduct and to deter such conduct in the future;

H. Declaring that the Defendants use now, and did use in the past, marketing and advertising campaigns that unlawfully target and/or encourage children to purchase and consume alcohol products in violation to many State's laws;

I. Enjoining the Defendants from using marketing or advertising campaigns that target and/or encourage children to purchase and consume alcohol products in violation to many State's law;

J. Awarding Victory Over Addiction International, Inc., representing the Plaintiffs, such other extraordinary, declaratory and /or injunctive relief as permitted by law as necessary to assure

Victory Over Addiction International, Inc., representing the Plaintiffs, has an effective remedy;

K. Ordering each defendant to disgorge all profits and gains acheived in whole or in part through the unfair and/or deceptive acts or practices complained of herein; and

M. For such other and further relief, as the Court deems equitable, just and proper, that Victory Over Addiction International, Inc., representing the Plaintiffs, is entitled to Receive.

__________________________










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