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Action on Smoking and Health
A National Legal-Action Antismoking Organization Entirely Supported by Tax-Deductible Contributions
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Federal Judge Refuses to Dismiss Part of $289 Billion Racketeering Suit [02/25-2]
Excerpts from: US judge refuses to dismiss part of tobacco suit
Yahoo News [02/24/04]
A U.S. federal judge on Tuesday refused to dismiss the part of the government's landmark $289 billion racketeering suit that accuses the tobacco industry of deliberately advertising, marketing and promoting cigarettes to children and then fraudulently denying it.
U.S. District Judge Gladys Kessler ruled the government must be given the opportunity to prove its claims about the youth marketing scheme at trial, which is scheduled to begin in September.
The suit seeks $289 billion in damages as well as stricter rules on marketing, advertising and warning claims on tobacco products.
The lawsuit claims a conspiracy, lasting four decades and dating from at least 1953, to intentionally mislead the American public about the harmful nature of tobacco products and the addictive nature of nicotine.
As part of the overall conspiracy, the government claims the defendants have marketed their products to children, even though such sales of cigarettes to minors are illegal.
In seeking dismissal, the tobacco companies argued that the youth marketing activities did not violate the federal racketeering law, that their conduct was protected by the First Amendment and their denials of marketing to children do not constitute fraud.
The ruling was the latest development in the long-running lawsuit, filed by the U.S. Justice Department under the Clinton administration and continued under the Bush administration.
Click here to view the actual ruling
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