The tobacco industry used the late Tony Gwynn's addiction to chewing tobacco to turn him into a "walking billboard," his family alleges.
"He never knew it but they were using him to promote their dip to the next generation of kids and fans who idolized him," Gwynn's daughter, Anisha Gwynn, said Tuesday in San Diego.
Gwynn’s family has filed a wrongful-death lawsuit against the tobacco industry, claiming the San Diego Padres legend was targeted to use the smokeless tobacco that led to the cancer that killed him.
The suit was filed Monday in San Diego Superior Court against Altria Group, Inc. (formerly known as Philip Morris USA) and several other defendants. Altria Group, Inc. makes Skoal chewing tobacco, the brand Tony Gwynn preferred and used extensively.
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The Gwynn family alleges the tobacco industry induced Gwynn to begin using smokeless tobacco when he was a star athlete at San Diego State University in the late 1970’s.
When asked about the lawsuit, an Altria representative told NBC 7 San Diego, "We have no comment."
In the suit, the Gwynn family says the tobacco company "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."
The suit alleges Gwynn used up to two cans of smokeless tobacco per day, claiming that is the equivalent of smoking four to five packs of cigarettes daily. In the suit the Gwynn family alleges the tobacco industry chose Gwynn specifically because it was trying to market its product to African-Americans, and that it intentionally misled Tony to use the product.
"Tony Gwynn was the Defendants' marketing dream come true," says the lawsuit. "They knew youngsters looking up to Tony would hope to one day hit like Tony, and be like Tony, so they would also want to 'dip' like Tony."
On Tuesday, Gwynn's daughter Anisha spoke of her dad's legacy, saying the baseball legend “wouldn’t want to see another player or any other person have to get sick and die."
Gwynn used smokeless tobacco for 31 years, despite seeing signs it may be harming his health as early as the 1990’s. Gwynn admitted an addiction to the substance and when he tried to stop using he reportedly needed prescription drugs to fight the anxiety and cravings he felt in its absence.
In recent years, Gwynn had multiple surgeries on his neck to remove both an abscess and a malignant tumor. He died in 2014 from salivary gland cancer at the age of 54.
Tony Gwynn was an elite athlete who “cared about his body,” his son said Tuesday.
“If he had known how addictive and harmful to his health dip was he would not have started using in college,” Tony Gwynn, Jr said of his dad.
The lawsuit does not ask for specified damages, instead requesting a jury trial to rule on grounds of negligence, fraud and product liability by the tobacco industry.
Gwynn’s death has brought about a change in some part of baseball. Multiple young players have either stopped using smokeless tobacco or simply not picked up the habit because of what happened to Mr. Padre.