E-mail updates
Follow on Twitter
Subscribe to RSS
WASHINGTON -- A federal judge on Tuesday ordered tobacco companies to publish corrective statements that say they lied about the dangers of smoking and that disclose smoking's health effects, including the death on average of 1,200 people a day.
U.S. District Judge Gladys Kessler previously had said she wanted the industry to pay for corrective statements in various types of advertisements. But Tuesday's ruling is the first time she's laid out what the statements will say.
Each corrective ad is to be prefaced by a statement that a federal court has concluded that the defendant tobacco companies "deliberately deceived the American public about the health effects of smoking."
Among the required statements are that smoking kills more people than murder, AIDS, suicide, drugs, car crashes and alcohol combined, and that "secondhand smoke kills over 3,000 Americans a year."
The corrective statements are part of a case the government brought in 1999 under the Racketeer Influenced and Corrupt Organizations. Kessler ruled in that case in 2006 that the nation's largest cigarette makers concealed the dangers of smoking for decades, and said she wanted the industry to pay for "corrective statements" in various types of ads, both broadcast and print. The Justice Department proposed corrective statements, which Kessler used as the basis for some of the ones she ordered Tuesday.
Tobacco companies had urged Kessler to reject the government's proposed industry-financed corrective statements; the companies called them "forced public confessions." They also said the statements were designed to "shame and humiliate" them. They had argued for statements that include the health effects and addictive qualities of smoking.
Kessler wrote that all of the corrective statements are based on specific findings of fact made by the court.
"This court made a number of explicit findings that the tobacco companies perpetuated fraud and deceived the public regarding the addictiveness of cigarettes and nicotine," she said.
A spokesman for Altria Group Inc., owner of the nation's biggest tobacco company, Philip Morris USA, said the company was studying the court's decision and did not provide any further comment. A spokesman for Reynolds American Inc., parent company of No. 2 cigarette maker, R.J. Reynolds Tobacco Co., said the company was reviewing the ruling and considering its next steps.
The statements Kessler chose included five categories: adverse health effects of smoking; addictiveness of smoking and nicotine; lack of significant health benefit from smoking cigarettes marked as "low tar," "light," etc.; manipulation of cigarette design and composition to ensure optimum nicotine delivery; and adverse health effects of exposure to secondhand smoke.
Among the statements within those categories:
- "Smoking kills, on average, 1,200 Americans. Every day."
- "Defendant tobacco companies intentionally designed cigarettes to make them more addictive."
- "When you smoke, the nicotine actually changes the brain — that's why quitting is so hard."
- "All cigarettes cause cancer, lung disease, heart attacks and premature death — lights, low tar, ultra lights and naturals. There is no safe cigarette."
- "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."
Justice Department spokesman Charles Miller said the department was pleased with the order.
Matt Myers, president of the Campaign for Tobacco-Free Kids, called it an important ruling.
"The most critical part of the ruling is that it requires the tobacco companies to state clearly that the court found that they deceived the American public and that they are telling the truth now only because the court is ordering them to do so," Myers said in an interview. "This isn't the last word, but this is a vitally important step because this should resolve exactly what the tobacco companies are required to say."
In July, a federal appeals court rejected efforts by the tobacco companies to overrule Kessler's ruling requiring corrective statements. The companies had argued that a 2009 law that gave the Food and Drug Administration authority over the industry eliminated "any reasonable likelihood" that they would commit future RICO violations.
In her ruling Tuesday, Kessler ordered the tobacco companies and Justice Department to meet beginning next month to address how to implement the corrective statements, including whether they will be put in inserts with cigarette packs and on websites, TV and newspaper ads. Those discussions are to conclude by March.
Related stories:
- Secondhand smoke laws may cut heart attack, study finds
- 1 in 5 smokers lights up while in the hospital
Leave a Comment:
The judge needs to make a public statement that she represents a corrupt government that is stripping it's citizens of their rights.
You should tear bits of hair out of your head while you type. It would make you sound even crazier.
Kudos to Kessler.
Now, where are the billion dollar fines?
Then....make cigarettes illegal.
Hey, a person can dream for what is right.
1200 a day for direct smokers and 3000 a year from indirect smoking. Where did they find all these people.
I have met only on person that died of lung cancer in all my life and he was a non smoker.
I say these statistics are nothing but a bunch of B.S.
Well, that proves beyond a reasonable doubt that there's nothing wrong with smoking.
You've just single-handedly changed the course of medicine. Better start writing your Nobel acceptance speech.
The blame game. Sooner or later citizens of this country are going to have to take responsibility for their own actions.
it leaves me to wonder when will Big Brother stop "protecting us"....next in line(see recent news stories)for the lawyers that won the tobacco settlements is the alleged misleading labels on food items--wonder where McDs came up with the "lets tell people exactly how many calories are in that Big Mac? and if you think the food companies like ConAgra and General Mills can't be touched in a lawsuit, that's what they used to say about Big Tobacco...and in some back room, the alcohol industry is laughing that they got off easy with Prohibition...
If an adult wants to consume cigarettes, so be it. You are a raving moron for doing so, but it's your body to be a raving moron with, so fire em up if that's what you gotta do...
now if we could only get congress to stop lying and get to work
John Austraila, "smokers have no intelligence" ? Einstein was a smoker, if memory serves. Course I'm only 72. Cheers
Einstein also couldn't tie his own shoes. Just because someone is a genius doesn't mean they have common sense.
I quit smoking on March 18, 2012 cold turkey. I smoked for 30 years. It's all in your head if you're addicted! Get some will power people or do as you please, it's not my place to tell you how to live.
So the tobacco companies were found guilty of lying to the public about health risks of their product and they don't want to publicly admit guilt. Ok. How about we just send them to jail?
Clearly, this judge should be removed from the bench. It's a pretty clear abuse of power. So shouldn't ACORN be forced to put out ads saying they promoted prostitution?
Smoking causes horrendous health problems in general and we ALL end up paying for the bad habits of these folks. Unfortunately in the case of smoking you can't kill yourself this way without sending us ALL the bill for it. It would be better for you, and the rest of us, if you used a gun. Bullets are about $.25.
The Tobacco industry wantonly lied about their products for decades, the very LEAST they could do is to finally admit to their Guilt. They have been KILLING MILLIONS PEOPLE and they knew it. We have suffered from a holocuast of smoking deaths---and some of you would apologize for these criminas??
Yawn.
So now that Obamacare is implemented and the health and well-being of all americans (and some mexicans) is now covered by our tax dollars, they should be able to remove the taxes from cigarettes since essentially, we're being double taxed?
money,
Nope we're still paying for it. Who knew that you could kill people for a profit and get away with it?? Deaths by smoking induced cancer is a horrendous cost on society. Your a smoker aren't you? Why? Death wish or something??
Non-smoker but think that taxes need to be cut.
Two packs a day? Not a good idea. 6 or 8 cigs a day? Not so bad.
That's nothing but fraudulent justifcation for a weakness. You can't control yourself and I bet your girl friend/wife knows it, too. Go ahead, smoke on, it'll kill ya, and shorten your life significantly, but apparently you don't care---guess what, either will anyone else.
James
That's what to Hells wrong with the Health Care System now! All You fruits think You should live to be a Hundred Years Old...Who in their right mind wants to live that long...Just think about it/You'll be wearing a Diaper again because you'll be Peeing and Pooping on Yourself on a regular basis and you want to live like that...Get Real people Die everyday/ Let people enjoy what time they have.
Call me when your lying there with the tubes stuck in everywhere and you finally realize how stupid your comment is. Dying at forty is always an option, have your fun. As for me, Life is too good to give it up voluntarily for a poisonous habit.
cigarettes contain pesticides, GMO'd tobacco leaves and are a potent source of alpha emitters.
Inhaled alpha emitters localize in the lungs, to the lymph nodes and blood vessels/heart/brain, kidneys/bones.
NO amount of RADIATION is Safe. Stop breathing this poison. The body is made to breathe air/oxygen for life, not radiation. No levels of radiation is safe, no tobacco is safe. NO Genetically Modified imitation foods are safe.
Oh No! Don't go outside, radiation from the sun! Wait, inside radiation from lightbulbs! Nowhere is safe!
Wow, really judge what is this going to accomplish? Um, nothing! This information has been spread to everyone! If this was new information it might be. They have made the tobacco companies pay huge fines. Heck the government even makes money off of the taxes they impose on them. If they are that against smoking maybe they shouldn't get there cut of the taxes made by selling them. Here the latest was .75 a pack. However, even on a carton is 7.50. We don't go to the store and buy food and get taxed on every item in the box. Only in cigarette world does this happen. I also wonder how accurate the health ramifications are. Anything I go to the doctor with they label it as because I smoke. When my children got ear infections from cutting teeth, they said it was due to the second hand smoke. Really all there teeth are in and no more ear infections. Yep, that's from smoking all right. I also think it is funny doctors ask each and every time if I smoke. Yet, apparently it doesn't matter if I do drugs or drink. That information is apparently not need. Like I always tell them. I cannot wait until I come in with a sprained ankle or something. Cause yep, that's going to be caused by smoking too. I must have tripped over my pack. Gotta work it in somehow.
The goal is to finally slam the door shut on the lies that the Tobacco companies have asserted loudly and to everyone for DECADES while they callously killed people. Read the posts herein, some of these people are defending these a$$holes and they are hanging onto their lies to justify their addiction! people, what does it take---tobacco is poison!
I smoke and every day I wish they would close down the tobacco companies. They may as well open crack factories.
This is what we're paying judges for? I wish I could have the last 90 seconds of my life back. Lord knows I'll need it someday because I smoke a pack a day...
Its gauranteed!
FDA approves the sale of cigarettes to white trash - smoking must be healthy!
How very, very stupid. I'm sure that Snack Food companies will be made to say they are sorry for making everybody fat. Next Big Oil and Coal will say they are sorry for causing pollution. Then we can get Detroit to say they are sorry for making all those cars that people die in while driving. Finally we can get the brewers, vintners, and distillers to say they are sorry for all those drunken stupors that caused unwanted pregnancy. Maybe the people that need to apologize are the ones that started smoking in the first place. But they're not really sorry, they just want a big payout and the blame for choice shifted to someone else.
I thought judges were supposed to be smart. I guess I was wrong.
i smoke and i know it "might" be bad for me but this judges ruling is wrong...grossly over stepping there duty.what's going to be next on the gov'ts list?? but will the gov't ever be forced to tell the public the truth about alot of things?? double standards again...
Might be bad for you??? Denial, denial, and more denial. Smoking is killing you with every puff you take, and insidiously, every puff sets your body up to need the next puff. YOUR ADDICTED. You are not able to control yourself, tobacco is controlling you---and its killing you. Everyone can see that, how come you can't?? You do realize that you look like a fool to the rest of the world, right??
Every puff a smoker takes he can "feel". That qualifies as one "dose".
Let's say the average smoker smokes one pack a day (20 cigarettes) and takes 20 puffs off of each cigarette. That's a drug addiction that requires 400 doses a day.
Somebody needs to put those drug dealers in jail.
This government is so screwed up. 1200 a day die from tobacco, not one from pot, and pot is illegal
Could someone out there explain that to me????? Also ... How many people die per day from alcohol.
Again, NOT ONE FROM POT.
When is this government going to see what is right there in front of them.
Pothead parents are killing their kids by neglect - see story of pothead parents in Danbury, WI who did just that.
Alcohol & Pot are depressants - 40% of suicides involve depressants.
Just place tobacco where it belongs, as a poison. It should be placed under FDA regulation and banned as a dangerous substance.
Now that this judge has publicly admitted the government knows that cigarettes are the largest killer how come they are not making them illegal? I mean marijuana is illegal presumably because it is addictive and a danger to people. So how come the states are still letting this dangerous substance to be sold? Could it be the enormous tax revenue it generates? Is the government saying we do not care about who it kills as long as we get the tax dollars? This does appear to be the case America. Make cigarettes illegal now!
We always assumed that the tobacco people (sadly, just like most big outfits) were liars and i'm in favor of making them admit it in writing. Let's go a step further and force them to show pictures of their employes who told the lies. Enough people have believed their lies about safety and died that it's long past time to humiliate the perps and hurt them financially.
Cigarettes have had warnings on them since I can remember. The people who did not or do not heed them are only attempting to blame others for their poor choices. Cigarettes cause cancer plan and simple. If a person decides to take up this filthy addictive and expensive habit then it is entirely on their shoulders. No excuses.
Do you think they will say the same thing about MJ in a few years?