Gwynn Family Sues Big Tobacco

Just about two years after his death from cancer at age 54, the family of Hall of Famer Tony Gwynn has sued big tobacco firm Altria Group Inc.—formerly known as Philip Morris—claiming, among other allegations, that Gwynn was unwittingly manipulated to promote the cancer-causing product.

The negligence and product liability lawsuit was filed in San Diego Superior Court on behalf of Alicia Gwynn, the widow of the former Padres star, and Gwynn’s two adult children, including pro ballplayer Tony Gwynn Jr., who played at Triple-A Syracuse in the Nationals’ system last season.

Gwynn died on June 16, 2014, losing a long battle with cancer in his salivary glands that he attributed to his longtime habit of chewing tobacco. In 2010, he was diagnosed with cancer in the right parotid salivary gland. The lawsuit alleges that was the spot where Gwynn placed his wad of tobacco dip for many years.

According to the lawsuit, “At 17, Tony began dipping regularly as a freshman ballplayer at San Diego State University. Defendants continued to deluge Tony during his college years with countless free samples of “dip” tobacco products they purposely adulterated to make more addictive. All the while, they did not mention either the highly addictive nature of their products or their toxicity.”

There are no damages specified in the complaint, which asks for a jury trial rather than bench trial, at which a judge would rule.

“Defendants manipulated Tony by getting him addicted to their tobacco products and exploited his addiction, using him as an involuntary marketing spokesperson,” the lawsuit alleges. “This came at a hefty cost: Tony’s health, and eventually his life. Tony developed salivary gland cancer in the same area where he dipped for most of his life. Defendants’ tobacco products, which contain a vast array of known carcinogens, caused that cancer.”

According to the lawsuit, Gwynn was using 1 1/2 to two tins a day of Skoal smokeless tobacco, from 1977-2008.

Gwynn, born in Long Beach, had become synonymous with San Diego since attending San Diego State to play basketball and baseball in the late 1970s. A third-round pick in 1981, he chose baseball over basketball, where he had played point guard and was drafted in the 10th round by the then-San Diego Clippers. Gwynn reached the majors a year later, and led the Padres to both of their National League pennants, in 1984 and 1998.

He finished with 3,141 hits in 20 seasons and was the 22nd player to get 3,000 hits. He batted .338 in his career, the 18th-best average in major league history. He also had 319 stolen bases and a .388 on-base percentage. Gwynn was inducted into the Hall of Fame in 2007, having received 97.6 percent of the vote.