What's At Stake?

Politics as Usual?

On September 22, 1999, the U.S. Department of Justice (DOJ) brought suit against the leading domestic cigarette manufacturers (Defendants), claiming that they had violated the Racketeer Influenced Corrupt Organizations Act (RICO). DOJ's suit was based on six claims:

1) Defendants purposely misled the public on the dangers of smoking;

2) Defendants misled and continue to mislead the public on the dangers of secondhand smoke;

3) Defendants misled the public on the addictiveness of nicotine;

4) Defendants misled the public by marketing "light" cigarettes;

5) Defendants targeted youth;

6) Defendants conspired not to produce safe cigarettes.

As expected, the tobacco industry's defense centered around two claims- one, DOJ's claims are untrue, and two, the 1998 Master Settlement Agreement prevents the tobacco industry from violating RICO.

DOJ is seeking civil remedies in this case, including tobacco industry funding of a sustained smoking cessation program, funding of a third-party to run a sustained public education campaign centering on the adverse health effects of cigarettes, secondhand smoke, and nicotine, and funding of a long-term youth prevention program, with the possibility of an injunction preventing the industry from marketing to young people.

The case, while filed in 1999, did not go to trial until September 21, 2004. In those five years, hundreds and hundreds of technical motions were filed and hearings held. The actual trial lasted roughly eight months, culminating in a bizarre final few days. Here's a summary of the shocking events:

1)   At the last minute, contradicting its own expert witnesses, DOJ dramatically slashed the amount it is seeking for cessation services from $130 billion over 25 years to $10 billion over 5 years. The only rationale given was that the cessation services should only be provided to future smokers addicted in the first year after the trial.

2)   Representatives Henry Waxman and Martin Meehan requested that the Office of the Inspector General of the DOJ investigate the role of Attorney General Raul Yanes, a former tobacco industry lawyer, as well as the roles of Associate Attorney General Robert McCallum and General Chief of Staff Theodore Ullyot, both former partners in law firms representing tobacco companies. Waxman and Meehan also asked that the Inspector General investigate the reversal itself.

3)   Representatives Waxman and Meehan then requested the Inspector General to investigate claims that DOJ asked two witnesses, one being Matthew Myers, President and CEO of the Campaign for Tobacco-Free Kids, to soften their testimony regarding remedies that DOJ should be seeking.

As you can see, this already monumental case just got even more interesting. PLEASE TAKE TIME NOW TO SEND A LETTER TO PRESIDENT BUSH AND THE DEPARTMENT OF JUSTICE INSPECTOR GENERAL, urging them to investigate why DOJ reversed their position on cessation, whether high-ranking DOJ employees interfered with DOJ's case, and whether witnesses have been coerced into softening their testimony.

Why should you care about the DOJ case against Big Tobacco?

This is our best chance to date of getting Big Tobacco on record that they deceived the public.
Smokefree campaigns around the country would benefit from Big Tobacco admissions that they lied about health effects of secondhand smoke, and that they actively work to oppose smokefree campaigns.
A guilty verdict against Big Tobacco would be another nail in their coffin.

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