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Author Topic: Fight the tobacco industry! Corrective tobacco ads have begun!  (Read 1997 times)

Thymian

  • Jr. Member
  • *
  • Posts: 708
Fight the tobacco industry! Corrective tobacco ads have begun!
« on: December 05, 2017, 11:46:23 PM »

QUOTE:

[*quote*]
Consumer Health Digest #17-45
December 3, 2017

Consumer Health Digest is a free weekly e-mail newsletter edited by Stephen Barrett, M.D
http://www.quackwatch.org/10Bio/bio.html
., with help from William M. London, Ed.D., M.P.H
http://www.calstatela.edu/faculty/william-m-london
It summarizes scientific reports; legislative developments; enforcement actions; news reports; Web site evaluations; recommended and nonrecommended books; and other information relevant to consumer protection and consumer decision-making. Its primary focus is on health, but occasionally it includes non-health scams and practical tips.

###
Corrective tobacco ads have begun

In 2006, a federal court judge found tobacco companies guilty of lying
https://www.tobaccofreekids.org/assets/content/what_we_do/industry_watch/doj/FinalOpinion.pdf
to the American public about the deadly effects of cigarettes and secondhand smoke and ordered them to do corrective advertising
https://www.tobaccofreekids.org/assets/content/what_we_do/industry_watch/doj/JudgmentOrder.pdf
Last week, after eleven years of stalling and negotiating, the companies began their extensive corrective campaign, at their own expense, admitting the truth about their products. Television ads will run on major network and cable stations during prime time for 52 weeks. Full-page newspaper ads will appear in more than 50 major cities through April 2018.

The Campaign for Tobacco-Free Kids 
https://www.tobaccofreekids.org/media/2017/corrective-statements
has posted background information about the lawsuit, copies of the corrective ads, and sample messages to publicize the corrective campaign through social media.
[*/quote*]

Thymian

  • Jr. Member
  • *
  • Posts: 708
Re: Fight the tobacco industry! Corrective tobacco ads have begun!
« Reply #1 on: December 05, 2017, 11:54:38 PM »

MIRROR! MIRROR!

In 2006, a federal court judge found tobacco companies guilty of lying

https://www.tobaccofreekids.org/assets/content/what_we_do/industry_watch/doj/FinalOpinion.pdf

MIRROR: http://www.transgallaxys.com/~aktenschrank/killed_by_tobacco/FinalOpinion.pdf

to the American public about the deadly effects of cigarettes and secondhand smoke and ordered them to do corrective advertising

https://www.tobaccofreekids.org/assets/content/what_we_do/industry_watch/doj/JudgmentOrder.pdf

MIRROR: http://www.transgallaxys.com/~aktenschrank/killed_by_tobacco/JudgmentOrder.pdf



Last week, after eleven years of stalling and negotiating, the companies began their extensive corrective campaign, at their own expense, admitting the truth about their products. Television ads will run on major network and cable stations during prime time for 52 weeks. Full-page newspaper ads will appear in more than 50 major cities through April 2018.

Thymian

  • Jr. Member
  • *
  • Posts: 708
Re: Fight the tobacco industry! Corrective tobacco ads have begun!
« Reply #2 on: December 05, 2017, 11:56:27 PM »

Corrective tobacco ads have begun

In 2006, a federal court judge found tobacco companies guilty of lying
https://www.tobaccofreekids.org/assets/content/what_we_do/industry_watch/doj/FinalOpinion.pdf
to the American public about the deadly effects of cigarettes and secondhand smoke and ordered them to do corrective advertising
https://www.tobaccofreekids.org/assets/content/what_we_do/industry_watch/doj/JudgmentOrder.pdf


https://www.tobaccofreekids.org/assets/content/what_we_do/industry_watch/doj/JudgmentOrder.pdf

[*quote*]
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA,
 :
:
Plaintiff,
 :
:
:
TOBACCO-FREE KIDS ACTION FUND,
 :
AMERICAN CANCER SOCIETY, AMERICAN:
HEART ASSOCIATION, AMERICAN LUNG :
ASSOCIATION, AMERICANS FOR
 :
NONSMOKERS’ RIGHTS, and NATIONAL
 :
AFRICAN AMERICAN TOBACCO
 :
PREVENTION NETWORK,
 :
:
Intervenors,
 :
:
v.
 :
:
PHILIP MORRIS USA, Inc.,
 :
(f/k/a Philip Morris, Inc.), et al.
 :
:
Defendants.
 :
Civil Action No. 99-2496 (GK)
ORDER #1015
Final Judgment and Remedial Order
Based upon the Findings of Fact and Conclusions of Law, the Court hereby enters
this Final Judgment and Remedial Order.
I.
 Judgment
It is hereby Ordered that Final Judgment is entered for the Plaintiff, the United States of
America, on Counts 3 and 4 of the Complaint, imposing liability under Sections 1962(c) and (d) of
the Racketeer Influenced and Corrupt Organizations Chapter of Title 18 of the United States
Criminal Code.
II.
 Applicability
This Final Judgment and Remedial Order applies to each of the Defendants, except Liggett,
The Council for Tobacco Research, Inc. and The Tobacco Institute to whom it shall not apply,
(hereinafter “Defendants”) and to each of their current and future directors, officers, agents, servants,
employees, subsidiaries, attorneys, assigns and successors. This Final Judgment and Remedial
Order shall also apply to those persons in active concert or participation with Defendants and their
current and future directors, officers, agents, servants, employees, subsidiaries, attorneys, assigns
and successors who have received actual notice of this Final Judgment and Remedial Order by
personal service or otherwise (hereinafter “Covered Persons and Entities”).
II.
 Specific Remedial Orders
A.
 General Injunctive Relief
1.
 All Defendants, Covered Persons and Entities are permanently enjoined from
committing any act of racketeering, as defined in 18 U.S.C. § 1961(1), relating in any way to the
manufacturing, marketing, promotion, health consequences or sale of cigarettes in the United States.
2.
 All Defendants, Covered Persons and Entities are permanently enjoined from
participating in any way, directly or indirectly, in the management and/or control of any of the
affairs of CTR, TI, or The Center for Indoor Air Research (“CIAR”), or any successor entities of
CTR, TI, or CIAR, or other entity affiliated with CTR, TI, or CIAR, known to the Defendant,
Covered Person or Entity to be engaged in any act of racketeering; from having any dealings about
any matter that relates directly or indirectly to the management and/or control of CTR, TI, or CIAR,
or any successor or affiliated entities known to them to be engaged in any act of racketeering; and
from reconstituting the form or function of CTR, TI, or CIAR, except that the prohibition against
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reconstituting the form or function of TI shall not prohibit the Defendants from engaging in lobbying
activity that is otherwise permissible.
3.
 All Defendants, Covered Persons and Entities are permanently enjoined from making,
or causing to be made in any way, any material false, misleading, or deceptive statement or
representation, or engaging in any public relations or marketing endeavor that is disseminated to the
United States public and that misrepresents or suppresses information concerning cigarettes. Such
material statements include, but are not limited to, any matter that: (a) involves health, safety, or
other areas with which a reasonable consumer or potential consumer of cigarettes would be
concerned; (b) a reasonable consumer or potential consumer would attach importance to in
determining whether to purchase or smoke cigarettes; or (c) the Defendant, Covered Person or Entity
making the representation knows or has reason to know that its recipient regards or is likely to
regard as important in determining whether to purchase cigarettes or to smoke cigarettes, even if a
reasonable person would not so regard it.
4.
 All Defendants, Covered Persons and Entities are permanently enjoined from
conveying any express or implied health message or health descriptor for any cigarette brand either
in the brand name or on any packaging, advertising or other promotional, informational or other
material. Forbidden health descriptors include the words “low tar,” “light,” “ultra light,” “mild,”
“natural,” and any other words which reasonably could be expected to result in a consumer believing
that smoking the cigarette brand using that descriptor may result in a lower risk of disease or be less
hazardous to health than smoking other brands of cigarettes. Defendants are also prohibited from
representing directly, indirectly, or by implication, in advertising, promotional, informational or
other material, public statements or by any other means, that low-tar, light, ultra light, mild, natural,
3
or low-nicotine cigarettes may result in a lower risk of disease or are less hazardous to health than
other brands of cigarettes.
B.
 Corrective Statements
5.
 Each Defendant shall be required to make separate corrective statements concerning
each of the following: (a) the adverse health effects of smoking; (b) the addictiveness of smoking
and nicotine; (c) the lack of any significant health benefit from smoking “low tar,” “light,” “ultra
light,” “mild,” and “natural,” cigarettes; (d) Defendants’ manipulation of cigarette design and
composition to ensure optimum nicotine delivery; and (e) the adverse health effects of exposure to
secondhand smoke (also known as environmental tobacco smoke, or ETS). Within sixty days of the
date of this Final Judgment and Remedial Order, the parties shall each submit a proposal for the
exact wording of such corrective statements, with any supporting materials deemed necessary. After
the Court enters an Order identifying which corrective statements for each topic listed above are
appropriate, Defendants shall follow the schedule outlined below for dissemination and publication
of those statements. Slight variations in the corrective communications may be necessary and
appropriate to accommodate the media or format utilized but no such variations may be implemented
without prior approval from the Court.
6.
 All corrective statements shall be placed in a prominent position on any publicly-
accessible website of each Defendant for the duration of this Final Judgment and Remedial Order,
including the following websites and/or any other web address that provides access to Defendants’
corporate website or any successor website thereto, and the Internet Document Websites created or
maintained pursuant to Section III(C)(¶8-9):
a.
 www.pmusa.com
4
7.
general public,b.
 www.altria.com
c.
 www.rjrt.com (including www.bw.com)
d.
 www.lorillard.com
e.
 www.bat.com
In order to ensure maximum exposure to consumers, potential consumers, and the
the corrective statements shall also be disseminated in the following ways:
a.
 Using their existing (or future acquired or improved) technology, each
Defendant shall affix to cigarette packaging, either to the outside of or within
the outer cellophane wrapping around the package, an “onsert” containing
the corrective statements, in the same manner as certain Defendants, such as
Philip Morris and Brown & Williamson, have utilized package onserts in the
past. One corrective statement shall be placed on package onserts, to be
included with each pack of Defendants’ cigarettes shipped for retail
distribution in the United States during the first two weeks of every February,
June, and October (“installments”), beginning no later than February 2007
and continuing for two years thereafter. During the course of these two
years, each Defendant must include each of the five corrective statements
approved pursuant to Section III(B)(¶5) in at least one installment.
b.
 Each of the corrective statements approved pursuant to Section III(B)(¶5) of
this Final Judgment and Remedial Order shall also be designed by
Defendants for inclusion in a Countertop Display and Header Display at
retail point-of-sale. Each Defendant that utilizes a Retail Merchandising
5
Program shall require retailers who participate in such program to display
each Countertop Display in a position of prominent visibility for the entire
four month period, until it is replaced by a subsequent Countertop Display
during the two-year duration set forth in Section III(B)(¶7)(a) of this Order.
Each Defendant that utilizes a Retail Merchandising Program shall require
retailers who participate in such program to display each Header Display in
an equivalent position with any other brand advertising header for the entire
period on the same schedule, whether monthly or quarterly, that any other
brand advertising header is utilized. The Header Display shall be of at least
equivalent size as any other brand advertising header or headers provided by
Defendants. During the two year period set forth in Section III(B)(¶7)(a) of
this Order, each Defendant shall include each of the five Court approved
corrective statements in a Countertop Display and Header Display at least
once. Each Defendant shall suspend from its Retail Merchandising Program
for a period of one year any retailer that fails to comply with this provision.
c.
 Each Defendant shall cause the text of all corrective statements approved
pursuant to Section III(B)(¶5) of this Final Judgment and Remedial Order to
be published as a full page advertisement in the first section of the Sunday
edition of each of the following newspapers: Atlanta Journal-Constitution,
Boston Globe, Boston Herald, Charlotte Observer, Chicago Sun Times,
Chicago Tribune, Dallas Morning News, Florida Times Union, Fresno Bee,
Ft. Worth Star-Telegram, Houston Chronicle, Los Angleles Times, Miami
6
Herald, New York Daily News, New York Post, New York Sun, New York
Times, Orlando Sentinel, Palm Beach Post, Philadelphia Inquirer, Richmond
Times-Dispatch, Sacramento Bee, San Diego Union-Tribune, San Francisco
Chronicle, St. Petersburg Times, Tallahassee Democrat, USA Today, Wall
Street Journal, Washington Post, LA Eastern Group Publications, San
Francisco La Oferta Review/El Vistaz-Combo, NAHP, Chicago Lawndale
Group News, NAHP, Houston – Que Onda! Corrective statements published
in Spanish-language newspapers shall appear in Spanish. The statements
shall identify the Defendant making the corrective statements. Full page
advertisements shall be placed by each Defendant on the following schedule:
(1)
 Altria: the Sunday edition on the 16th Sunday following the
date of this Final Judgment and Remedial Order, except that for any
newspaper that does not have a Sunday edition at the time that
publication of the corrective statements is required, the corrective
statements shall be published in the first section of the Friday edition
on the 16th Friday following the date of this Final Judgment and
Remedial Order.
(2)
 BATCo: the Sunday edition on the 20th Sunday following the
date of this Final Judgment and Remedial Order, except that for any
newspaper that does not have a Sunday edition at the time that
publication of the corrective statements is required, the corrective
statements shall be published in the first section of the Friday edition
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on the 20th Friday following the date of this Final Judgment and
Remedial Order.
(3)
 B&W: the Sunday edition on the 24th Sunday following the
date of this Final Judgment and Remedial Order, except that for any
newspaper that does not have a Sunday edition at the time that
publication of the corrective statements is required, the corrective
statements shall be published in the first section of the Friday edition
on the 24th Friday following the date of this Final Judgment and
Remedial Order.
(4)
 Lorillard: the Sunday edition on the 28th Sunday following
the date of this Final Judgment and Remedial Order, except that for
any newspaper that does not have a Sunday edition at the time that
publication of the corrective statements is required, the corrective
statements shall be published in the first section of the Friday edition
on the 28th Friday following the date of this Final Judgment and
Remedial Order.
(5)
 Philip Morris: the Sunday edition on the 32nd Sunday
following the date of this Final Judgment and Remedial Order, except
that for any newspaper that does not have a Sunday edition at the
time that publication of the corrective statements is required, the
corrective statements shall be published in the first section of the
8
Friday edition on the 32nd Friday following the date of this Final
Judgment and Remedial Order.
(6)
 R. J. Reynolds: the Sunday edition on the 36th Sunday
following the date of this Final Judgment and Remedial Order, except
that for any newspaper that does not have a Sunday edition at the
time that publication of the corrective statements is required, the
corrective statements shall be published in the first section of the
Friday edition on the 36th Friday following the date of this Final
Judgment and Remedial Order.
d.
 Each Defendant shall cause at least one of the corrective statements approved
pursuant to Section III(B)(¶5) of this Final Judgment and Remedial Order to
appear as an advertisement on one or more of the three major television
networks, i.e., CBS, ABC, or NBC. The ads shall last at least 15 seconds and
shall run at least once per week between the hours of 7:00 p.m. and 10:00
p.m between Monday and Thursday.
 Each Defendant shall run its
advertisements on their chosen network(s) for one year. Each of the
corrective statements approved pursuant to Section III(B)(¶5) of this Final
Judgment and Remedial Order must be advertised by each Defendant at least
ten times during the one year period. Defendants shall commence airing the
first of their ads no later than February, 2007.
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C.
 Document Disclosure in Depositories and on Websites
8.
 Defendants Philip Morris, R.J. Reynolds, Lorillard, and Brown & Williamson, shall
maintain Internet Document Websites until September 1, 2016 at their expense. These Defendants
shall maintain on their Internet Document Websites the documents and bibliographic information
that currently appear on their respective Internet Document Websites as well as the additional
documents and bibliographic information described below. These Defendants shall provide links
to their Internet Document Websites from any and all publicly-accessible company websites and
shall display such links prominently and in a manner easily accessible to visitors.
9.
 Defendant BATCo shall create and maintain by January 1, 2007 an Internet
Document Website until September 1, 2016, at its expense. The BATCo Internet Document Website
shall be created and publicly accessible no later than 120 days from the date of this Final Judgment
and Remedial Order. BATCo shall provide links to its Internet Document Website from any and
all publicly-accessible company websites and shall display such links prominently and in a manner
easily accessible to visitors.
10.
 Each Defendant shall add documents and bibliographic data to its website(s) as
follows:
a.
 Each Defendant shall add the following additional documents: (1) all
documents produced to the Government in this case; (2) all documents
produced on or after the date of this Final Judgment and Remedial Order in
any court or administrative action in the United States concerning smoking
and health, marketing, addiction, low-tar or low-nicotine cigarettes, or less
hazardous cigarette research; and (3) all transcripts of depositions and letters
10
b.
c.
of request testimony (with corresponding exhibits if not already on the
website) given by any of their current or former employees, officers,
directors, corporate designees, attorneys or agents, in this action or in any
court or administrative action in the United States concerning smoking and
health, marketing, addiction, low-tar or low-nicotine cigarettes, or less
hazardous cigarette research; such transcripts shall be in machine-readable
text if received or available from a court reporter. Philip Morris shall provide
on its website all such documents produced by, pertaining to, or concerning
Altria.
Each Defendant shall add these additional documents referred to in the
previous paragraph, as well as any other data newly required by this Final
Judgment and Remedial Order, to its Internet Document Website(s) within
45 days of the date of production, in the case of documents; and within 45
days of receipt of the transcript, in the case of depositions and letters of
request testimony. These requirements are subject to Section III(C)(¶14)
concerning documents under court order or ruling.
Each Internet Document Website shall provide, and be searchable by, the
following bibliographic fields for all documents (even those withheld on
grounds of privilege or confidentiality):
(1)
 Document ID;
(2)
 Master ID;
(3)
 Other Number;
11
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
Document Date;
Primary Type;
Person Attending;
Person Noted;
Person Author;
Person Recipient;
Person Copied;
Person Mentioned;
Organization Author;
Organization Recipient;
Organization Copied;
Organization Mentioned;
Organization Attending;
Organization Noted;
Physical Attachments;
File Name;
Old Brand;
Primary Brand;
Mentioned Brand;
Page Count;
Live hyperlink to document image (except where image is withheld);
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(25)
 Court or administrative case in which document was produced or
transcript taken, including case title(s), action number(s), court(s) or
administrative body(ies);
(26)
 Date on which document was produced or transcript was received;
(27)
 Date hard copy was produced to Minnesota or Guildford Depository;
and
(28)
 Box number in which hard copy was produced to Minnesota or
Guildford Depository.
In addition, Defendant BATCo’s bibliographic fields shall include the File
Number, File Owner, and File User fields that it used in this lawsuit, and its
website shall identify the Folder Number prefixes.
d.
 The Internet Document Websites shall also provide, and be searchable by, the
above fields for documents withheld from the website on grounds of
privilege (“the privilege log”), and for documents withheld from the website
on grounds that they contain trade secret information (“the confidential
document index”). Each Internet Document Website’s privilege log shall
also provide fields stating the basis for the privilege assertion with sufficient
detail to allow an opposing party or court to assess the merits of the assertion;
and, as in Order #51, ¶ III.G.9, a statement of whether the claimed privilege
has ever been (i) expressly waived, or (ii) ruled waived, invalid, inapplicable
or unenforceable for any reason by a court, with a specification of the case
title(s), action number(s), court(s), date(s) of waiver or decision, and
13
11.
created in Minnesotafollows:
e.
EachDocument ID(s) for such waivers, orders and decisions. Each Internet
Document Website shall post a copy of all such waivers, orders and decisions
(and underlying judicial materials such as magistrate judge reports and
recommendations). Defendants may withhold the title of documents withheld
on grounds of privilege if the document title, without reference to the
document’s contents, reveals privileged information, with the restriction that
the title must be provided where a Defendant has previously waived privilege
over the document title, e.g., pursuant to Order #75, ¶ 8.
Each Internet Document Website shall provide its bibliographic data index,
privilege log and confidential document index in a format suitable for
downloading (e.g., comma separated value (CSV) file, compressed in a ZIP
or similar format). In addition, monthly update files shall be provided in a
format suitable for downloading, and shall be maintained on the website for
12 months.
Defendant shall, at its expense, produce documents to the Minnesota Depository
v. Philip Morris Inc., No. C1-94-8565 (Minn. Dist. Ct.), or its successor, as
a.
b.
Each Defendant shall produce to the Minnesota Depository hard copies of all
documents described in Section III(C)(¶10)(a).
These documents shall be produced to the Minnesota Depository within 30
days of being produced in the related judicial or administrative proceeding
14
(or received from the court reporter). This requirement is subject to Section
III(C)(¶14) below concerning documents under court order or ruling.
c.
 Each production of documents to the Minnesota Depository shall include an
index of the documents produced in that production, with the fields specified
in Section III(C)(¶10)(c), in both hard copy and electronic form.
d.
 Each Defendant shall continue to fund and produce documents to the
Minnesota Depository until September 1, 2016.
12.
 BATCo shall continue to maintain its obligations as to documents available in the
Guildford Depository until September 1, 2016. BATCo shall ensure access to the Guildford
Depository for six organizations and 12 visitors per day.
13.
 A Defendant may redact from a document placed on its Internet Document Website
or produced to the Minnesota Depository individual Social Security numbers, home addresses, and
home telephone numbers. Such redactions shall indicate that confidential personal information has
been redacted. Wherever less than the entirety of a document is subject to a claim of privilege or
trade secret pursuant to Section III(C)(¶14), the Defendant shall produce the document in redacted
form on its Internet Document Website and to the Minnesota Depository. Such redactions shall
indicate that privileged or trade secret information, as appropriate, has been redacted.
14.
 This Final Judgment and Remedial Order does not require any Defendant to place
on its Internet Document Website or in the Minnesota Depository documents that: (1) it continues
to claim to be privileged or a trade secret in the document’s entirety, or (2) continue to be subject
in the document’s entirety to any protective order, sealing order or other order or ruling that prevents
or limits that Defendant from disclosing such documents. As defined in Order #36, a “trade secret”
15
is information, including a formula, pattern, compilation, program, device, method, technique or
process that (a) derives independent economic value, actual or potential, from not being generally
known to the public or to other persons who can obtain economic value from its disclosure and use;
and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
However, the foregoing exceptions shall not apply to documents which a Defendant continues to
claim to be privileged but which this Court ordered produced in this lawsuit; and shall not apply to
documents which a Defendant continues to claim to be a trade secret or contain confidential or
proprietary business information, or which continue to be subject to any protective order, sealing
order or other order or ruling that prevents or limits that Defendant from disclosing such documents,
if this Court overruled such assertions and/or that Defendant did not make such assertions to prevent
the documents from being used in open court during this lawsuit.
15.
 Because the economic value of many trade secrets substantially declines with the
passage of time, each Defendant shall review all trade secret assertions every three years to
determine whether they still satisfy the definition of “trade secret.” The first review shall be
completed within one year of this Final Judgment and Remedial Order. Each Defendant shall, every
three years, file a report with the Court indicating any changes in the assertion of trade secret status.
D.
 Disclosure of Disaggregated Marketing Data
16.
 Each Defendant shall be required to disclose all disaggregated marketing data to the
Government in the same form and on the same schedule which Defendants now follow in disclosing
disaggregated marketing data to the Federal Trade Commission. Defendants must disclose such data
to the Government for a period of ten years from the date of this Final Judgment and Remedial
Order.
16
17.
 Disaggregated Marketing Data shall be maintained in the databases and formats
maintained by Defendants, and all reports generated from such Disaggregated Marketing Data shall
be made available to the Government.
18.
 In addition, each year’s Disaggregated Marketing Data shall be separately maintained
in a format suitable for downloading (e.g., comma separated value (CSV) file, compressed in a ZIP
or similar format). All data fields shall be specified.
19.
 All Disaggregated Marketing Data shall be deemed “confidential” and “highly
sensitive trade secret information,” as defined in Orders #7 and #36, and shall be subject to the
provisions of those Orders.
IV.
 Miscellaneous Provisions
20.
 Transfer of Tobacco Brands or Businesses. No Defendant shall sell or otherwise
transfer or permit the sale or transfer of any of its cigarette brands, brand names, cigarette product
formulas or cigarette businesses (other than a sale or transfer of cigarette brands or brand names to
be sold, product formulas to be used, or cigarette businesses to be conducted, by the acquiror or
transferee exclusively outside of the United States) to any person or entity unless (1) such person
or entity is already a Defendant subject to this Final Judgment and Remedial Order, or (2) prior to
the sale or acquisition, such person or entity (a) submits to the jurisdiction of this Court; and (b)
applies for and obtains an Order from this Court subjecting such person or entity to the provisions
of this Final Judgment and Remedial Order as of the date of the sale or transfer. No such Order will
be entered, and no sale or transfer of any Defendant’s cigarette brands, brand names, cigarette
product formulas or cigarette businesses (other than a sale or transfer of cigarette brands or brand
names to be sold, product formulas to be used, or cigarette businesses to be conducted, by the
17
acquiror or transferee exclusively outside of the United States) shall be allowed, unless this Court
first determines that such person or entity has the capacity to comply with the obligations contained
in this Final Judgment and Remedial Order. The sale or transfer by a Defendant of any of its
cigarette brands, brand names, cigarette product formulas or cigarette businesses shall not relieve
that Defendant from its joint and several liability under this Final Judgment and Remedial Order.
21.
 Costs. Defendants shall pay the appropriate costs of the prevailing party, which is
the Government. The Government shall serve and file a bill of costs in accordance with LCvR 54
within 30 days from this date.
It is so Ordered.
This is a final appealable Order subject to Federal Rule of Appellate Procedure 4.
August 17, 2006
Copies served upon:
Counsel of record by ECF
/s/
Gladys Kessler
United States District Court Judge
18
[*/quote*]

Thymian

  • Jr. Member
  • *
  • Posts: 708
Re: Fight the tobacco industry! Corrective tobacco ads have begun!
« Reply #3 on: December 06, 2017, 12:19:52 AM »

https://www.tobaccofreekids.org/media/2017/corrective-statements

[*quote*]


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Corrective Statements: Ads and Social Media

Starting on November 26, 2017, the major U.S. tobacco companies must begin running court-ordered television and newspaper ads that tell the American public the truth about the dangers of smoking and secondhand smoke. The ads – called corrective statements – will run in print and online in about 50 newspapers. They will also run for one year on the major television networks during prime time.

Below are suggested social media graphics and language for use on Facebook and Twitter. The corrective statement TV ads themselves can be shared directly on Facebook and Twitter.
TELEVISION ADS

Adverse Health Effects of Smoking

Addictiveness of Smoking and Nicotine

Lack of Significant Health Benefit from Smoking “Low Tar,” “Light,” “Ultra Light,” “Mild,” and “Natural” Cigarettes

Manipulation of Cigarette Design and Composition to Ensure Optimum Nicotine Delivery

Adverse Health Effects of Exposure to Secondhand Smoke

SOCIAL MEDIA GRAPHICS

http://www.transgallaxys.com/~aktenschrank/killed_by_tobacco/

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SAMPLE SOCIAL POSTS

Facebook

    Starting November 26, tobacco companies must run court-ordered TV and newspaper ads that tell the truth about the dangers of smoking and secondhand smoke. Why? Because a federal court found they engaged in a decades-long conspiracy to deceive the American people. Learn more: http://www.tfk.org/TobaccoRacketeers

    A federal court found tobacco companies lied about the dangers of smoking and secondhand smoke – and how they designed cigarettes to make them more addictive. Now the companies must run court-ordered TV and newspaper ads – called corrective statements – that tell the truth. Learn more: http://www.tfk.org/TobaccoRacketeers

    A federal court found that tobacco companies engaged in fraud, conspiracy and racketeering – all to deceive the American public about the health risks of smoking and secondhand smoke. Now they must run court-ordered TV and newspaper ads that tell the truth. http://www.tfk.org/TobaccoRacketeers

    A federal court found that tobacco companies lied for decades about the dangers of secondhand smoke and ordered them to tell the truth in TV and newspaper ads. Their lies delayed efforts to enact smoke-free laws, and millions are still exposed to secondhand smoke. It’s time to make [STATE/CITY] smoke-free. http://www.tfk.org/TobaccoRacketeers

    Starting November 26, tobacco companies must run court-ordered TV and newspaper ads telling the truth about the dangers of smoking and secondhand smoke. It’s a good step, but we also need strong corrective action by elected officials at all levels to win the fight against tobacco once and for all. http://www.tfk.org/TobaccoRacketeers

Twitter

    Starting 11/26, #tobacco companies must run court-ordered TV and newspaper ads that tell the truth about #smoking and #secondhandsmoke. Learn more: http://www.tfk.org/TobaccoRacketeers #TobaccoRacketeers

    For decades, Big Tobacco has lied about dangers of cigarettes – and designed them to sustain a deadly #addiction. Now a court is forcing them to run ads telling the truth. http://www.tfk.org/TobaccoRacketeers #TobaccoRacketeers

    A federal court found tobacco companies engaged in fraud, conspiracy, and racketeering. They’re now being forced to run ads telling the truth. http://www.tfk.org/TobaccoRacketeers #TobaccoRacketeers

    A federal court found tobacco companies lied about designing #cigarettes to maximize #addiction. They now must run TV and newspaper ads telling the truth. http://www.tfk.org/TobaccoRacketeers #TobaccoRacketeers

    A federal court found tobacco companies lied about the dangers of #secondhandsmoke. They now must run TV and newspaper ads telling the truth. It’s also time to make every state #smokefree. http://www.tfk.org/TobaccoRacketeers #TobaccoRacketeers

U.S. RESOURCES

    Toll of Tobacco in the U.S.
    U.S. Initiatives
    Resources Finder

GLOBAL RESOURCES

    Toll of Tobacco — Global
    Global Initiatives
    Resources Finder


INDUSTRY WATCH

YOUTH INITIATIVES
ABOUT US

    About Us
    Board of Directors
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    Careers
    Annual Reports

MEDIA

    Press Releases
https://www.tobaccofreekids.org/media/press-releases

OUR WEBSITES

    http://www.KickButtsDay.org
    http://www.TakingDownTobacco.org
    http://www.TobaccoControlLaws.org
    http://www.TobaccoControlGrants.org
    http://www.DigitalAdvocacyCenter.com
    http://www.TobaccoFreeBaseball.org
    http://www.ShopTobaccoFree.org

GLOBAL HEALTH
ADVOCACY INCUBATOR

As a non-profit organization, we accept no government or tobacco industry funding. We rely on contributions from individuals, philanthropic foundations, corporations and other non-profit organizations to continue working toward a tobacco-free future.

Campaign for Tobacco-Free Kids is a BBB-accredited charity and a Guidestar Exchange Gold Participant.
Shop at AmazonSmiles and Amazon will make a donation to the Campaign for Tobacco-Free Kids.

Photo credit: Image of boy smoking cigarette by Clea Broadhurst.
Other images owned by Campaign for Tobacco-Free Kids, used with permission or covered under fair use.

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« Last Edit: December 06, 2017, 01:40:23 AM by Thymian »
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