A National Legal-Action Antismoking Organization
Entirely Supported by Tax-Deductible Contributions
| Home | Search | About ASH | Why Join | Comment | Email page |
|
Action on Smoking and Health
A National Legal-Action Antismoking Organization Entirely Supported by Tax-Deductible Contributions
|
Tobacco Advertising Case Begins in Ohio Supreme Court [03/17-2]
Excerpts from: Tobacco advertising is central issue in case before Ohio's highest court
By
T.C. Brown Cleveland.com [03/17/04]
A simple question confronted the Ohio Supreme Court early Tuesday on the first day of oral arguments in its new home.
Are matchbooks merchandise?
The argument centered on the ability of the R.J. Reynolds Tobacco Co. to advertise on matchbook covers. It was the second case heard after a short dedication ceremony for the elaborate new courtroom in the Ohio Judicial Center, a building filled with historical art that is the first permanent home for the Supreme Court in its 201-year history.
In the 1998 settlement Big Tobacco made with 46 states and U.S. territories, tobacco companies agreed to stop distributing "any apparel or other merchandise" that bears the company's brand.
In 2001, the Ohio attorney general's office sued RJR for violating the agreement because it was advertising its products on matchbook covers that were sold to businesses such as bars and liquor stores. The matches were generally given away free to customers who bought tobacco products. Free matchbooks do not qualify as "merchandise," the company argues.
Several justices questioned State Solicitor Douglas Cole on the lack of better definition for the word merchandise in the agreement.
A Franklin County Common Pleas judge ruled that free matches cannot be considered merchandise, a view that was overturned by the 10th Ohio District Court of Appeals.
| Home Web Page | Search This Site | Learn About ASH | Why Join ASH | Comment on This | Email This Page |