Federal Judge Orders Big Tobacco To Admit It Lied

Tobacco companies have been ordered to admit they lied to consumers. Yesterday US district judge Glady Kessler told Big Tobacco it must advertise warnings the industry publicly lied for decades about the health effects of smoking in order to manipulate sales and increase addiction among the populous.

The case dates back to 1999 when the justice department alleged Big Tobacco used deception to market cigarettes, hiding the health effects of smoking and violating the Racketeer Influenced and Corrupt Organizations Act. Kessler ruled against the tobacco companies in 2006 and ordered them to include warnings on packaging and issue public statements about the dangers of smoking. Big Tobacco—comprised mainly of cigarette giants Phillip Morris, Reynolds and Lorillard—tied up the case in court for the past six years, mainly debating what the statements should say.

Kessler attempted to put an end to the longstanding debate yesterday by laying out exactly what the statements should say. Each ad must be led by a statement that a federal court concluded the tobacco companies “deliberately deceived the American public about the health effects of smoking.” The opening statement will be followed by other facts, such as smoking kills more people than murder, AIDS, suicide, drugs, car accidents and alcohol combined; smoking is responsible for 1,200 deaths each day; and secondhand smoke kills more than 3,000 Americans each year.

The tobacco companies must also admit they intentionally designed cigarettes with enough nicotine to create and sustain addiction, smoking is not easy to quit, and nicotine changes the brain, making quitting especially difficult. Likewise, Big Tobacco must state it lied about any health benefits from smoking “low tar,” “light,” ultra light,” “mild,” and “natural” cigarettes—such cigarettes have essentially the same amount of nicotine as regular cigarettes and can just as easily cause cancer, lung disease, heart attacks and premature death.

In her ruling, Kessler ordered the tobacco companies to meet with the Justice Department beginning in December to discuss how to implement the corrective statements. At that time they will decide if they will be listed in cigarette package inserts, Web site advertisement, TV announcements or newspaper advertisements. The discussions are to conclude no later than March.

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