Table 5

Talking about ‘free choice’ while avoiding the term ‘free choice’

Defence attorneys will often say:
	Defence	Plaintiff	FS	MWR	Example
quit smoking	3410	435	0.13	0.07	“You heard the evidence that over 60 million people have quit smoking.”72 “And she quit smoking in 1996. And she did not go back. She did not relapse.”50
motivated	487	114	0.20	0.27	“Was he himself truly motivated to quit during the history of his smoking?”73
enjoyed smoking	307	50	0.14	0.29	“He enjoyed smoking. He knew the risks. He made an adult choice.”74
had the ability to quit	241	2	0.01	0.23	“Ms. Lennox had the ability to quit smoking whenever she was truly motivated to do so”75
did not want to quit	215	16	0.07	0.34	“She simply did not want to quit smoking until it was too late to avoid her lung cancer and her COPD.”76
Plaintiffs’ attorneys will often say:
free choice	32	450	0.94	0.86	“Once addicted, it is no longer an unconstrained free choice for the smoker because of the physiological and psychological need for cigarettes containing nicotine.”77