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Judge Limits Number of Counts in Tobacco Suit [02/04-2]

Excerpts from: Judge limits charge count in U.S. tobacco suit

Reuters [02/03/04]

Tobacco companies have won court ruling in the U.S. government's $289 billion racketeering suit against the industry that limits the number of counts of racketeering the government can claim.

U.S. District Judge Gladys Kessler struck out 650 industry acts added to 148 previously identified by the government as fraudulent. Her ruling, dated Feb. 2, was posted on the court's Web site on Tuesday.

The government has accused the companies of intentionally and willfully misleading the American public. It says the companies long denied that smoking caused disease and made misleading statements about the addictiveness of nicotine.

The suit seeks $289 billion in damages and tougher rules on marketing, advertising and warning claims on tobacco products.

The tobacco companies have argued the government itself knew of the relationship between smoking and disease. They also argue that the government never said nicotine was "addictive" until the Surgeon General changed the definition of addiction.




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