Death in the West

Death in the West is a 1976 documentary film directed by Martin Smith,^[1]Hochschild, Adam (January 1979.)“Shoot-Out in Marlboro Country (cont’d)”. Mother Jones. Retrieved 2 June 2013. which is believed to contain the first recorded admission from a tobacco company representative that smoking causes health problems.

It was filmed by reporter Peter Taylor alongside a team from the United Kingdom current affairs program This Week. The film aired only once in the UK, from London in September 1976 on Thames Television, to an audience of approximately 12 million viewers, before a court order was obtained preventing it from being re-aired.^[2]Hochschild, Adam (January 1979.)“Shoot-Out in Marlboro Country (cont’d)”. Mother Jones. Retrieved 2 June 2013.

Shortly after the film aired, Philip Morris sued Thames Television, successfully obtaining a court order to prevent the film from being shown until its suit could be heard and preventing the filmmakers from publicly discussing the film.

Philip Morris’ suit accused Thames of both deception and breach of copyright, stating the firm was “sandbagged and double-crossed” into allowing Marlboro commercials to be used in the film, as they thought the film would depict cigarettes in a more favourable manner. Both Mother Jones magazine and The Glasgow Herald doubted this claim, since Peter Taylor had previously made three films for British television which portrayed cigarette use in a negative manner.^{[3]Hochschild, Adam (January 1979.)“Shoot-Out in Marlboro Country (cont’d)”. Mother Jones. Retrieved 2 June 2013.[4]Death in the West’ to be resurrected”. The Herald. 11 May 1982. p. 6. Retrieved 2 June 2014.} Philip Morris also spent “considerable money” in an attempt to prove the six individuals in the film were not genuine cowboys.^{[5]Hochschild, Adam (January 1979.)“Shoot-Out in Marlboro Country (cont’d)”. Mother Jones. Retrieved 2 June 2013.}

“They sent a couple of lawyers from Kansas City to see me. They just showed up on my doorstep.  They wanted to prove that maybe other things than cigarettes had caused my emphysema. They were very sly in their questions. They wanted to know how long I had been in the cattle business, was it my vocation or avocation? I’ve had this ranch 20 years, but they tried to make a big thing of the fact that some of that time I was also teaching school.”

— John Holmes, cowboy who was interviewed in the film^{[6]Hochschild, Adam (January 1979.)“Shoot-Out in Marlboro Country (cont’d)”. Mother Jones. Retrieved 2 June 2013.}

Palmer Williams, then senior producer for 60 Minutes in the US, had expressed interest in airing part of the documentary, and the American Cancer Society had plans to use the film in their anti-smoking campaigns. The court order, however, prevented Thames from selling them the film.^{[7]Hochschild, Adam (January 1979.)“Shoot-Out in Marlboro Country (cont’d)”. Mother Jones. Retrieved 2 June 2013.}

Philip Morris stated they would settle out of court, if Thames returned all the footage of the commercials and Phillip Morris employees, thereby effectively destroying the majority of the film.^{[8]Hochschild, Adam (January 1979.)“Shoot-Out in Marlboro Country (cont’d)”. Mother Jones. Retrieved 2 June 2013.}Although Thames’ chances of winning the lawsuit were described as good,^[1] the filmmakers did not mount a lawsuit to recover the film, as a defense was estimated to cost £100,000, far greater than the amount of money the company could make by recovering and selling the film.^{[9]Hochschild, Adam (January 1979). “Shoot-Out in Marlboro Country”. Mother Jones. Retrieved 2 June 2013.} Thames eventually settled out of court, signing a confidential agreement that stated they would destroy all their copies of the film.^{[10]Hochschild, Adam (January 1979). “Shoot-Out in Marlboro Country”. Mother Jones. Retrieved 2 June 2013.} In January 1979, the original film was reported to be sealed in a London court vault.^{[11]James Bowling, 69, a Supporter of the Arts”. The New York Times. 27 June 1997. ISSN 0362-4331. Retrieved 26 August 2021.}