Judge Gladys Kessler of the U.S. District Court in D.C. has issued this this major opinion imposing corrective remedies in the federal government's 13-year-old RICO suit against the tobacco industry. Judge Kessler has issued a separate order mandating that the tobacco companies publish "corrective
statements" on five topics "on which the Court found they had made false and deceptive statements." Judge Kessler's remedial order is reproduced in full after the jump. No doubt the industry will appeal on First Amendment (and perhaps other) grounds. Judge Kessler is pictured to the right.
Back in 2006, the Court issued its Final Judgment and Remedial Order #1015 [Dkt. No. 5733], mandating that Defendants publish corrective statements on each of five topics on which the Court found they had made false and deceptive statements. These topics are: “(a) the adverse health effects of smoking; (b) the addictiveness of smoking and nicotine; (c) the lack of any significant health benefit from smoking ‘low tar,’ ‘light,’ ‘ultralight,’ ‘mild,’ and ‘natural,’ cigarettes; (d) Defendants' manipulation of cigarette design and composition to ensure optimum nicotine delivery; and (e) the adverse health effects of exposure to secondhand smoke.” United States v. Philip Morris USA, Inc., 449F. Supp. 2d 1, 938-39 (D.D.C. 2006) (“Original Opinion”). Upon consideration of the briefs, the oral argument, and the entire record herein, and for the reasons set forth in the accompanying Memorandum Opinion, it is hereby
ORDERED that the text of the corrective statements shall be as follows:
A. Adverse Health Effects of Smoking
A Federal Court has ruled that the Defendant tobacco companies deliberately deceived the American public about the health effects of smoking, and has ordered those companies to make this statement. Here is the truth:
• Smoking kills, on average, 1200 Americans. Everyday.
• More people die every year from smoking than from murder, AIDS, suicide, drugs, car crashes, and alcohol, combined.
• Smoking causes heart disease, emphysema, acutemyeloid leukemia, and cancer of the mouth, esophagus, larynx, lung, stomach, kidney, bladder,and pancreas.
• Smoking also causes reduced fertility, low birthweight in newborns, and cancer of the cervix and uterus.
B. Addictiveness of Smoking and Nicotine
A Federal Court has ruled that the Defendant tobacco companies deliberately deceived the American public about the addictiveness of smoking and nicotine, and has ordered those companies to make this statement. Here is the truth:
• Smoking is highly addictive. Nicotine is the addictive drug in tobacco.
• Cigarette companies intentionally designedcigarettes with enough nicotine to create and sustain addiction.
• It's not easy to quit.
• When you smoke, the nicotine actually changes the brain – that's why quitting is so hard.
C. Lack of Significant Health Benefit From Smoking “LowTar,” “Light,” “Ultra Light,” “Mild,” and “Natural”Cigarettes
A Federal Court has ruled that the Defendant tobacco companiesdeliberately deceived the American public by falsely selling andadvertising low tar and light cigarettes as less harmful thanregular cigarettes, and has ordered those companies to make thisstatement. Here is the truth:
• Many smokers switch to low tar and light cigarettes rather than quitting because they think low tar and light cigarettes are less harmful. They are not.
• "Low tar" and filtered cigarette smokers inhale essentially the same amount of tar and nicotine as they would from regular cigarettes.
∙ All cigarettes cause cancer, lung disease, heartattacks, and premature death – lights, low tar, ultra lights, and naturals. There is no safe cigarette.
D. Manipulation of Cigarette Design and Composition to Ensure Optimum Nicotine Delivery
A Federal Court has ruled that the Defendant tobacco companies deliberately deceived the American public about designing cigarettes to enhance the delivery of nicotine, and has ordered those companies to make this statement. Here is the truth:
∙Defendant tobacco companies intentionally designed cigarettes to make them more addictive.
∙Cigarette companies control the impact and deliveryof nicotine in many ways, including designing filters and selecting cigarette paper to maximizethe ingestion of nicotine, adding ammonia to make the cigarette taste less harsh, and controlling the physical and chemical make-up of the tobacco blend.
∙When you smoke, the nicotine actually changes the brain – that's why quitting is so hard.
E. Adverse Health Effects of Exposure to Secondhand Smoke
A Federal Court has ruled that the Defendant tobacco companies deliberately deceived the American public about the health effects of secondhand smoke, and has ordered those companies to make this statement. Here is the truth:
∙Secondhand smoke kills over 3,000 Americans each year.
∙Secondhand smoke causes lung cancer and coronary heart disease in adults who do not smoke.
∙Children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome(SIDS), acute respiratory infections, ear problems, severe asthma, and reduced lung function.
∙There is no safe level of exposure to secondhand smoke.
ORDERED that the parties are to engage in discussions with the Special Master, to begin in December 2012 and conclude by March 1,2013, regarding implementation of the corrective statements. In particular, the parties are to address the issues raised in Appendix B to the Memorandum Opinion.
November 27, 2012 /s/Gladys Kessler
United States District Judge
