[Intl-tobacco] International issues in US case against Big Tobacco

[Robert Weissman]

http://www.essentialaction.org/tobacco/doj/

Essential Action, along with the City and County of San Francisco, the
Asian-Pacific Islander American Health Forum, the San Francisco African
American Tobacco Free Project (SFAATFP), and the Black Network In
Children's Emotional Health (BNICEH), in August filed an amicus brief in
the U.S. federal government's RICO (Racketeer Influenced and Corrupt
Organization Act) case against the tobacco industry. Our brief proposes
a range of restraints and requirements related to the defendants that we
argue should apply internationally. Judge Gladys Kessler, who is
handling the case, has agreed to consider the brief.

In the case, the government alleges that the tobacco industry has
engaged in a five-decade-long conspiracy to defraud the American people.
If the judge finds the defendants to have violated the law, then she
will issue a ruling on remedies -- requirements imposed on the
defendants to prevent them from engaging in future fraudulent activity.

The framework of the case requires that arguments about remedies be
justified in terms of the impact in the United States. Although it may
be possible in the future to bring a case in the United States under the
same law related to the impact of the industry's activities outside of
the United States, this is not that case. Still, remedies applies in an
international context with the intent to benefit the United States would
certainly have benefits in other countries.

The brief from Essential Action and our partners argues that because the
tobacco industry is globalized, U.S. tobacco control efforts must take
into account the international operations of the tobacco industry in
order to be effective in the United States. We urge that a number of the
remedies proposed by the government therefore apply internationally, and
to the foreign affiliates of the defendants with international
operations, Philip Morris/Altria and BAT. We also recommend some
remedies not proposed by the government, and argue that they too should
apply internationally and to the foreign subsidiaries.

Among our recommendations:

* Philip Morris and BAT should be required to publicly disclose and post
on the Internet all company documents related to health and science
issues, and to marketing, including documents generated outside of the
United States and related to markets outside of the United States.

* Philip Morris and BAT should be required to publicly disclose support
for all front organizations that have significant impacts in the United
States, wherever they are based (example: the ETS Consultancy).

* Philip Morris and BAT should be prohibited from representing that
low-tar and/or lower-nicotine cigarettes are less hazardous, anywhere in
the world.

* All brand-name sponsorships or product placement that have significant
effects in the United States (e.g., sponsorship of Formula One racing,
or Philip Morris International product placements with Hollywood) should
be prohibited.

Our amicus brief is available at:
http://www.essentialaction.org/tobacco/doj/brief.pdf

Our motion for leave to file the brief is at:
http://www.essentialaction.org/tobacco/doj/amendedbrief.pdf

The industry's motion arguing that our brief should be rejected is at:
http://www.essentialaction.org/tobacco/doj/opposition.pdf

Our reply to the industry's motion is at:
http://www.essentialaction.org/tobacco/doj/reply.pdf

The judge's order that our brief, and others amicus filings, will be
accepted for consideration is at:
http://www.essentialaction.org/tobacco/doj/courtorder.pdf

A number of U.S. public health groups have obtained "intervenor" status
in the case, which means they are effectively parties with regard to the
determination of remedies. The intervenor brief and related materials
adopted and incorporated many of the proposals that we made. Those
materials are at: http://www.tobaccofreekids.org/reports/doj/

The U.S. government has posted many key documents in the case, including
their proposed remedies, on their web page. Also on the web page is the
written testimony of the government's witnesses, and a 2500-page
"proposed findings of fact," which is an excellent presentation of much
of the industry's wrongdoing over the last 50 years. This material is
available at: http://www.usdoj.gov/civil/cases/tobacco2/

Finally, Gene Borio and colleagues have been maintaining a blog on the
trial. It has commentary on the day-by-day testimony, plus contains lots
of the key filings in the case. It is at: http://www.tobacco-on-trial.com/