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Editor: C. Calvin Warriner
Profession: Cigarette & Tobacco Attorney

Category: Tobacco Litigation

The Campaign for Tobacco-Free Kids filed a brief with the Honorable Judge Gladys Kessler. This, in and of itself, is not all that monumental; but this brief was in opposition to Big Tobacco's request that they be allowed to ignore Judge Kessler's prior rulings, at least in the overseas market.

Although just a few weeks ago, the same Judge Kessler had found that Big Tobacco had deceived, falsely marketed, and violated civil racketeering laws; Big Tobacco wants to know if she really means what she said(?) Eeven though we now know that Big Tobacco is still manipulating nicotine content, they just can't quit!

Two of the companies requesting Judge Kessler rule that her prior findings did not apply in the overseas markets maintain one-third of the market share on six continents!

US Wire reported:
Kessler found that the major tobacco companies had deceived consumers by falsely promoting so called "low tar," "light," "ultra light," "mild," and "natural," cigarettes as less harmful and banned the continued use of these deceptive terms. Kessler devoted over 240 pages of her opinion to evidence that the major tobacco companies have deceived consumers about the health risks of light and low tar cigarettes. Two weeks later, British American Tobacco and Philip Morris/Altria, the two largest multinational tobacco companies involved in the case and others asked Judge Kessler to allow them to continue to use these misleading terms outside the United States.

"The court should deny the tobacco companies' request to be allowed to market so-called 'light' and 'low-tar' cigarettes," said Matthew L. Myers, President, Campaign for Tobacco-Free Kids. "The same companies that have been found to have deceived people for 50 years about the health effects of smoking and 'light' and 'low tar' cigarettes should not be allowed to continue their deception anywhere."

The tobacco companies' request to Judge Kessler flies in the face of international efforts to ban such misleading terms as codified in the global tobacco treaty, the Framework Convention on Tobacco Control, which has been ratified by 138 countries."

Let us hope that the Honorable Judge Kessler continues to hold Big Tobacco's burning ember to the fire.