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Cigarette Companies Committed Fraud, Appeals Court Agrees
May 26, 2009

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News Summary

The U.S. Court of Appeals in Washington, D.C., has upheld a district court's finding that major U.S. tobacco firms intentionally misled the public about the health hazards of cigarettes, Bloomberg reported May 22.

"The district court found -- permissibly in our view -- that the enterprise had the common purpose of obtaining cigarette proceeds by defrauding existing and potential smokers," the appeals court said in a 3-0 decision in upholding U.S. District Judge Gladys Kessler, who in 2006 ruled that Big Tobacco firms engaged in racketeering and were likely to do so again in the future.

In her ruling, Kessler ordered tobacco companies to stop using terms like "light" and "low tar" to market cigarettes. The appeals court agreed with Kessler's demands that the companies also be forced to publicly acknowledge their past lies about nicotine addiction and the health hazards of smoking and secondhand smoke, manipulation of nicotine levels in cigarettes, and the fact that so-called "light" and "low-tar" cigarettes are as dangerous as "regular" cigarettes.

Cigarette makers Philip Morris USA and R.J. Reynolds Tobacco said they would appeal the latest ruling to the U.S. Supreme Court.

"The court's conclusions are not supported by the law or the evidence presented at trial, and we believe the exceptional importance of these issues justifies further review," said Murray Garnick, a lawyer for Philip Morris parent company, Altria.

The U.S. Justice Department, which sued the tobacco industry under federal racketeering laws, called the latest ruling "a victory for the American people that bans the use of misleading terms such as 'light and low tar,' and provides the government with the ability to pursue these companies should they continue with their deceptive practices."

However, the appeals court turned down a government request to impose other sanctions against the industry, such as a counter-marketing plan and a nationwide smoking-cessation program, which Kessler had denied in the original trial. 

COMMENTS ON THIS ARTICLE:

Posted by Dwayne Polidori on 27 May 09 08:18 AM EDT
It's about time the courts and politicians stopped taking pay offs from big tobacco.

Posted by Rod on 27 May 09 11:07 AM EDT
The courts need to quit beating a dead horse. People have known for years that tobacco can cause sever health problems and death. but still they smoked when do we start making people responsable for there own actions. I have smoked for over 40 years and there has always been a warning lable for as far back as I can remember.When is the courts going to start giving judgements aginst the Alchol industry we all know drinking and driving kills WAKE UP PEOPLE WE ARE ALL RESPONABLE FOR OUR OWN ACTIONS

Posted by Bernard on 27 May 09 12:58 PM EDT
Legalized drug dealers. The tobacco industry has deep pockets mainly because addiction is a brain disease.The USA has been the target, or dry run for years.It takes a penny to make a cigarette,they sell it for $1.00 and it's addictive.The citizens of the USA can no longer say, We didn't know that. The cigarette companies have had great success in the USA. We are responsible to inform other humans of the tragic experience that continues to harm our citizens every day. Its time.

Posted by Fred Carmack on 27 May 09 01:46 PM EDT
Rod, because the horse isn’t dead yet. You say you should be responsible for your own actions, but you are forgetting how many thousands of people are now on the public dole, whether it be free medical or social security disability, that my taxes are still paying for. It’s like motorcyclists who want their right to ride around without a helmet. How many thousands of brain damaged ex-m/c riders are my taxes now supporting for the rest of their lives? I don’t take risks like that so why should I have to support people with a death-wish? You may accept responsibility for your choice to smoke, which I applaud, but I will still be paying the bills and the higher premiums on my medical insurance. And in regard to the tobacco companies, if they were found guilty of racketeering why are they not in prison? No serial killer or terrorist, not even Hitler, has come close to killing as many people as they have, why are they not on death-row?

Posted by Trish Reynolds on 27 May 09 05:12 PM EDT
In 1987 I wrote to RJ Reynolds and they in turn wrote back. I think I already have the Comment wrote but could not get logged in, so I'll try to log in before I write more. Trish

Posted by Trish Reynolds on 27 May 09 05:26 PM EDT
I see my comment posted so I will continue. After I wrote to RJ Reynolds they wrote back to say none of the info was true. That Cigarettes did not cause illnesses. I still have the letter. I wrote to let them know what all I was going through at the time. My Mom and husband had just died, within 8 mo of each other. Plus an uncle, a girl I had been friends with all my life and my sister in 2004 . This was after my mom and husband. But my life is no longer the same . I was left to raise our son alone. I have been going to a psychiatrist ever since for major depression and anxiety. I am not wording this well at all, I get upset when talking or writing about all that smoking has done to my life. Yet I want to share this with others plus read others stories also. Trish

Posted by Shattah206 on 01 Jun 09 10:46 AM EDT
Mr. Carmac, your argument is an excellent one AGAINST socialized medicine and third-party payors. When people are responsible for their own medical bills, they make more responsible choices. When you pay someone else's medical bills, you quite logically feel you have a right to modify their behavior. We seem to be moving inexorably as a country toward universal health care while failing to acknowledge its many varied consequences.

Posted by Jan Caughlan on 01 Jun 09 12:30 PM EDT
What evidence do you have that people behave more responsibly when paying their own medical bills? Health outcomes in the US are abominable compared to countries that have a strong, publically financed health care system.

Posted by Carol on 01 Jun 09 05:12 PM EDT
And the Big Lie that smoking is an economic burden to society is more fraud that those anti-smoker criminals. It's based on a computer program which pretends that non-smokers' costs don't exist at all. Here's the truth: "Obesity prevention, just like smoking prevention, will not stem the tide of increasing health-care expenditures. The underlying mechanism is that there is a substitution of inexpensive, lethal diseases toward less lethal, and therefore more costly, diseases." Table 1 gives the bottom line: At age 20, smokers' lifetime costs will total 220k Euros, obese peoples' costs will total 250k Euros, and the "Healthy Living" will cost 281k Euros." Lifetime Medical Costs of Obesity: Prevention No Cure for Increasing Health Expenditure. PHM van Baal, et al. PLoS Medicine 2008 Feb;5(2):e29. http://medicine.plosjournals.org/perlserv/?request=get-document&doi=10.1371/journal.pmed.0050029

Posted by joshua on 03 Jun 09 03:16 PM EDT
Really Carol? i read the article you quote here. the point of it comes down to smokers and the obese cost less to keep healthy because they are going to die earlier. is this really a point that needs defending?

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