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Tobacco companies have also received various degrees of immunity from civil suits. For example, from 1988 to 1998, the California legislature granted tobacco companies complete immunity from actions for injury or death caused by a tobacco product, except for actions based on a manufacturing defect or breach of an express warranty. See Cal. Civ. Code § 1714.45 (added by Stats.1987, ch. 1498, § 3, p. 5778); Myers v. Philip Morris Companies, Inc., 28 Cal. 4th 828, 831–32 (2002) (“The first version [of section 1714.45 of California’s Civil Code], which

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