WASHINGTON, D.C. -- October 6, 2008 -- The U.S. Supreme Court will hear oral arguments today in a case that could bring Big Tobacco to justice for fraudulent advertising and labeling practices that for decades have deceived the public about the dangers of smoking and caused millions of Americans to lose their lives.
Altria Group, Inc. v. Good centers on whether smokers and their families across the nation can sue cigarette manufacturers for using blatantly misleading terms such as “light,” “low-tar” and “low-nicotine” to suggest that some cigarettes are safer than others. The tobacco companies' own documents show that they manipulated these cigarettes addictive properties and falsely marketed them as a healthier alternative. But the companies argue that smokers’ claims are preempted by the Federal Labeling Act of 1965, which gives the Federal Trade Commission the authority to regulate cigarette labeling and advertising related to the health impact of cigarettes.
The case exemplifies the outrageous practices that the tobacco industry has used to addict people to its deadly products, and demonstrates the overwhelming need to give the U.S. Food and Drug Administration (FDA) the authority to regulate tobacco products. The Family Smoking Prevention Tobacco Control Act (S. 625/H.R. 1108), which has passed the House of Representatives and awaits a vote by the full Senate, would give the FDA this 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 the case:
“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 have helped to kill nearly 440,000 people every year. The Supreme Court should not let the tobacco industry get away with deceptive and fraudulent practices that the industry purposefully engaged in with the hope of addicting more smokers.
“On the surface, this is a case about federal preemption. But to the millions of people whose health has been ravaged by tobacco use, this case is about fraud and deception by the tobacco industry that has helped to make them sick and cut their lives short. When Congress passed the Federal Cigarette Labeling Act, it never intended to provide legal cover for decades of dishonesty by Big Tobacco. States across the nation try to protect their citizens from this kind of consumer fraud and should not be prevented from doing so.
“The Federal Trade Commission readily admits that its cigarette testing practices should be abandoned because the test methods fail to provide consumers with meaningful information about tar and nicotine yields and, in fact, mislead consumers about their actual exposure. This is all the more reason why it is crucial that Congress grant the U.S. Food and Drug Administration the authority to regulate tobacco products and the marketing of those products. Tobacco regulation legislation, which passed the House of Representatives earlier this year with 233 cosponsors and has the support of 60 cosponsors in the Senate, would ban the use of ‘light’ and ‘low-tar’ in cigarette labeling and advertising.
“America’s legal system has been a critically important tool to enforce strong 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.”
ACS CAN, the nonprofit, nonpartisan advocacy affiliate of the American Cancer Society, supports evidence-based policy and legislative solutions designed to eliminate cancer as a major health problem. ACS CAN works to encourage elected officials and candidates to make cancer a top national priority. ACS CAN gives ordinary people extraordinary power to fight cancer with the training and tools they need to make their voices heard. For more information, visit https://www.fightcancer.org/.
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Christina Saull
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