WASHINGTON, DC -- December 15, 2008 -- The U.S. Supreme Court today ruled that Big Tobacco can be brought to justice for its fraudulent advertising and labeling practices, which for decades have deceived the public about the dangers of smoking and caused millions of Americans to lose their lives.
The 5-4 ruling in Altria Group, Inc. v. Good allows smokers and their families across the nation to continue to sue cigarette manufacturers for their use of blatantly misleading terms such as “light,” “low-tar” and “low-nicotine,” which suggest that these cigarettes are safer than others. As the American Cancer Society and other public health organizations argued in the amicus brief filed in this case, the tobacco companies’ own documents show that they manipulated cigarettes’ addictive properties and falsely marketed them as a healthier alternative.
Today’s ruling comes just weeks after the Federal Trade Commission decided that Big Tobacco could no longer use the faulty Cambridge Testing Method to justify marketing their cigarettes as “light,” “low-tar” or “low-nicotine.” While both decisions take critical steps to put a stop to the tobacco industry’s fraudulent and deceptive marketing practices, neither decision bans the use of misleading health claims. Legislation pending before Congress would take that critical step by giving the U.S. Food and Drug Administration (FDA) the authority to regulate the sale, marketing, manufacturing and distribution of tobacco products. The Family Smoking Prevention and Tobacco Control Act (S. 625/H.R. 1108) would give the FDA that authority and, among other things, ban the use of “light,” “mild,” and “low-tar” in cigarette labeling and advertising.
John R. Seffrin, PhD, chief executive officer of the American Cancer Society and its advocacy affiliate, the American Cancer Society Cancer Action Network (ACS CAN), issued the following statement on today’s ruling:
“The Supreme Court’s ruling today forces the tobacco industry to be accountable for its deceptive and fraudulent practices that are intended to addict more smokers and keep current ones from quitting. Big Tobacco has thrived for decades on the business of addiction by marketing to children and misleading adults about the harms of its deadly products with deplorable tactics that kill nearly 440,000 people every year.
“Millions of people have been made sick and had their lives cut short by tobacco use, thanks to fraud and deception by the tobacco industry. This ruling enables people across the country to invoke state laws against deceptive practices when suing tobacco companies for the harm resulting from consumer fraud and other egregious practices in which the industry regularly engages.
“America’s legal system has been a critically important tool to enforce tobacco control laws and protect consumers’ rights. Courts have helped to hold the tobacco industry accountable for trading the lives of millions of Americans in exchange for corporate profits. We must continue to allow sick and dying individuals and their families the ability to expose the tobacco industry’s horrific wrongdoing in courts of law.
“Tobacco is the most preventable cause of death in this country, responsible for an estimated 438,000 deaths per year, including 30 percent of all cancer deaths and 87 percent of all lung cancer deaths. Tobacco companies invented ‘light’ and ‘low-tar’ cigarettes, manipulated the testing methods and lied to the public and the government through advertising. And now it is time for them to be held accountable.”
FOR MORE INFORMATION, CONTACT:
Christina Saull
Phone: (202) 585-3250
Email: [email protected]
Steven Weiss
Phone: (202) 661-5711
Email: [email protected]