US: Tobacco Companies to Publish Smoking Statements

Source from:  Winston-Salem (NC) Journal  06/05/2014

A U.S. District Court judge has issued her final order on requirements that the nation's three largest tobacco manufacturers publish corrective statements that say they lied about the dangers of smoking.

When the statements will appear in full-page newspaper ads and on prime-time network TV programming remains uncertain.

Altria Group Inc, Lorillard Inc, Philip Morris USA and R.J. Reynolds Tobacco Co. appealed on Jan. 23 the wording of the statements, but have agreed to what the ad campaigns would look like.

It has been 16 years since the legal case was filed by the U.S. Justice Department. Analysts say it is possible the issue of the corrective statements could wind up before the U.S. Supreme Court.

The statements are part of a case the U.S. government brought in 1999 under the Racketeer Influenced and Corrupt Organizations. Judge Gladys Kessler ruled in that case in 2006 that the nation's largest cigarette makers concealed the dangers of smoking for decades. Kessler issued her final order Monday.

The manufacturers' appeal argues the proposed wording of the ads would violate their free speech rights. Kessler's order requires the

newspaper ads lead with the phrase "Here is the truth" before each of the five corrective statement themes.

Statement examples include "Philip Morris USA, R.J. Reynolds Tobacco, Lorillard, and Altria intentionally designed cigarettes to make them more addictive," and "When you smoke, the nicotine actually changes the brain — that's why quitting is so hard."

The TV spot ads would contain the message "Under court order, paid for by Altria, R.J. Reynolds Tobacco, Lorillard and Philip Morris USA."

Kessler's original order required manufacturers to post the corrective statements at retail point-of-sale displays, but that element is not part of the existing settlement.

The manufacturers urged Kessler to reject the government's corrective statements, calling them "forced public confessions" with an aim to "shame and humiliate" them.

Reynolds spokesman Bryan Hatchell said today "the company does not comment on pending litigation." Lorillard said it had no comment at this time.

Matt Myers, president of The Campaign for Tobacco-Free Kids, said Kessler's order "is a critical step toward finally holding the tobacco companies accountable and ending decades of deception that has resulted in the addiction, illness and death of millions." The anti-tobacco advocacy group is a listed intervention plaintiff.

"We urge them to end their delay tactics and finally tell the truth to the American people."

Dr. Gilbert Poss, medical and executive director of The American Council on Science and Health, said no one "can dispute any of the corrective statements" being required by the federal government and ordered by Kessler.

"But what will these corrections do to help stem the toll of sickness and death resulting from current smoking?" Ross asked.

Ross is among a growing number of anti-tobacco advocates who say electronic cigarettes, with proper scientific evidence, could serve as a potential reduced-risk alternative to smoking combustible cigarettes.

"We still harbor 43 million smokers and a half-million premature dead, among whom I dare say 99 percent know the dastardly predations of the 20th-century cigarette makers, yet got hooked anyway," Ross said.

The companies reached an agreement Jan. 10 with Justice officials on what the ad campaign would look like in the Sunday editions of at least 35 large newspapers, including The Charlotte Observer and Richmond Times-Dispatch, as well as on the newspapers' websites.

Neither the Journal nor the Greensboro News & Record was listed among the papers getting the ad.

According to Kessler's order, the ad campaign would include certain community and regional newspapers in urban areas that have a sizable black and Hispanic readership. Anti-tobacco advocates had requested those ad placements because of the market share dominance that menthol cigarettes have among those social groups.

There would be at least five weeks of full-page ads. The companies would alternate weeks as the first name listed.

Each newspaper ad would have a specific focus (in order of appearance): adverse health effects of smoking; addictiveness of smoking and nicotine; lack of significant health benefit from light cigarettes; manipulation of cigarette design; and secondhand smoke.

There would be a year's worth of prime time TV commercials, with each manufacturer getting a choice of which major TV network to place its bulk of the corrective statement ad spots that would contain the same overall themes as the newspapers.

The TV ads are supposed to target some programming that has a higher-than-average adult viewership among blacks. Those ads would run five times each week between 7 and 10 p.m. Mondays through Thursdays.

The corrective statements would run on any social media in which the manufacturers advertise their cigarette products.

The statements would be included as a wrapping on cigarette packs three times a year for two years. They would be placed on two weeks' worth of shipments, based on annual shipment volume. Enditem