Tobacco On Trial

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ORDERED, that the hearing on point-of-sale displays scheduled by Order #35-Remand is removed from the Court’s Calendar.

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Date Filed # Docket Text

01/28/2013 6002 ORDER #36-Remand granting 6001 the Joint Motion for Consent Order (see Order for details). Signed by Judge Gladys Kessler on 1/28/13. (CL, ) (Entered: 01/28/2013)

01/28/2013 6003 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 6000 Notice of Appeal to DC Circuit Court,. (znmw, ) (Entered: 01/28/2013)

01/30/2013 USCA Case Number 13-5028 for 6000 Notice of Appeal to DC Circuit Court, filed by ALTRIA GROUP, INC., R.J. REYNOLDS TOBACCO COMPANY, PHILIP MORRIS USA INC., LORILLARD TOBACCO COMPANY. (dr) (Entered: 01/31/2013)

02/01/2013 6004 Consent MOTION for Scheduling Order to Remove Point-of-Sale Hearing from Court Calendar by R.J. REYNOLDS TOBACCO COMPANY (Attachments: # 1 Text of Proposed Order Consent Order)(Francisco, Noel) (Entered: 02/01/2013)

02/04/2013 6005 ORDER #37-Remand granting 6004 Consent Motion to Remove Point-of-Sale Hearing from the Court’s Calendar. Signed by Judge Gladys Kessler on 2/4/13. (CL, ) (Entered: 02/04/2013)

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it is hereby ORDERED that:

Beyond the implementation issues previously referred to mediation in Appendix B to this Court’s Memorandum and Opinion to Order #34-Remand (DN 5995), the following issue is hereby also REFERRED TO MEDIATION: whether the phrase “the Defendant tobacco companies” should be replaced with some other text in the various corrective statements.

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Each of the corrective statements specified in Order #34-Remand refers generally to “the Defendant tobacco companies,” without mentioning the Defendants by name. Plaintiffs wish to replace this language and Defendants have agreed to have this issue referred to the Special Master to be incorporated into the existing mediation. The parties respectfully request that the Court enter the attached (proposed) Consent Order adding to the list of issues referred to mediation whether the phrase “the Defendant tobacco companies” should be replaced with some other text in the various corrective statements.

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Notice is hereby given that Defendants Altria Group, Inc., Philip Morris USA Inc., R.J. Reynolds Tobacco Company (individually and as successor to Brown & Williamson Tobacco Corporation), and Lorillard Tobacco Company hereby appeal to the United States Court of Appeals for the District of Columbia Circuit from Order #34-Remand of this Court (D.E. #5991), entered on the 27th day of November, 2012, ordering the text of corrective statements, as well as from the Memorandum Opinion (D.E. #5992) accompanying Order #34-Remand.

Dated: January 25, 2013

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It is this 23rd day of January, 2013, hereby

ORDERED, that a Motion Hearing shall be held on Thursday, February 7, 2013, at 10:00 a.m. on the issue of point-of-sale displays; and it is further

ORDERED, that the Government shall have no more than 20 minutes for its argument; and it is further

ORDERED, that Intervenors shall have no more than 20 minutes for their argument; and it is further

ORDERED, that Defendants shall have no more than 20 minutes for their argument; and it is further

ORDERED, that the National Association of Tobacco Outlets, Inc. and the National Association of Convenience Stores shall have no more than 20 minutes for their argument.

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11/27/2012 5991 ORDER #34-Remand: Corrective Statements. Signed by Judge Gladys Kessler on 11/27/12. (CL, ) (Entered: 11/27/2012)

11/27/2012 5992 MEMORANDUM AND OPINION to Order 34-Remand re Corrective Statements. Signed by Judge Gladys Kessler on 11/27/12. (Attachments: # 1 Appendix Corrective Statement Citations, # 2 Appendix Corrective Statements - Implementation Details) (CL, ) (Entered: 11/27/2012)

11/27/2012 5993 MEMORANDUM AND OPINION to Order 34- Remand to Corrective Statements signed by Judge Gladys Kessler on 11/27/12. (ztnr, ) [DUPLICATE of document 5992] (Entered: 11/28/2012)

11/27/2012 5994 Appendix A, Corrective Statement Citations, to 5993 MEMORANDUM AND OPINION signed by Judge Gladys Kessler on 11/27/12. (ztnr, ) [DUPLICATE of document 5992] (Entered: 11/28/2012)

11/27/2012 5995 Appendix B, Corrective Statements- Implementation Details, to 5993 MEMORANDUM AND OPINION signed by Judge Gladys Kessler on 11/27/12. (ztnr, ) [DUPLICATE of document 5992] (Entered: 11/28/2012)

01/23/2013 5999 ORDER #35-Remand setting a Motion Hearing for Thursday, February 7, 2013, at 10:00 a.m. Signed by Judge Gladys Kessler on 01/23/2013. (lcgk2, ) (Entered: 01/23/2013)

01/24/2013 Set/Reset Hearings: Motion Hearing set for 2/7/2013 10:00 AM in Courtroom 26A before Judge Gladys Kessler. (CL, ) (Entered: 01/24/2013)

01/25/2013 6000 NOTICE OF APPEAL TO DC CIRCUIT COURT as to 5992 Memorandum & Opinion, 5991 Order by ALTRIA GROUP, INC., PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY, LORILLARD TOBACCO COMPANY. Filing fee $ 455, receipt number 0090-3197694. Fee Status: Fee Paid. Parties have been notified. (Estrada, Miguel) (Entered: 01/25/2013)

01/25/2013 6001 Consent MOTION for Order Concerning an Additional Issue to be Referred to Mediation Under Order #34- Remand by ALTRIA GROUP, INC., AMERICAN CANCER SOCIETY, AMERICAN HEART ASSOCIATION, AMERICAN LUNG ASSOCIATION, AMERICANS FOR NONSMOKERS’ RIGHTS, LORILLARD TOBACCO COMPANY, NATIONAL AFRICAN AMERICAN TOBACCO PREVENTION NETWORK, PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY, TOBACCO-FREE KIDS ACTION FUND, UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Crane-Hirsch, Daniel) (Entered: 01/25/2013)

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Websites

� Where the corrective statements are displayed on the websites

� Size, color, and font of the on-screen text

� Background color

� How much text is on each page of the site

� Should the statements be available in Spanish?

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APPENDIX A

Corrective Statement Citations

Corrective Statement A: Adverse Health Effects of Smoking

A Federal Court has ruled that the Defendant tobacco companies deliberately deceived the American public about the health effects of smoking,1 and has ordered those companies to make this statement.2 Here is the truth:

� Smoking kills, on average, 1200 Americans. Every day.3

� More people die every year from smoking than from murder, AIDS, suicide, drugs, car crashes, and alcohol, combined.4

� Smoking causes heart disease,5 emphysema,6 acute myeloid leukemia,7 and cancer of the mouth,8 esophagus,9 larynx,10 lung,11 stomach,12 kidney,13 bladder,14 and pancreas.15

� Smoking also causes reduced fertility,16 low birth weight in newborns,17 and cancer of the cervix18 and uterus.19

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Upon consideration of the briefs, the oral argument, and the entire record herein, and for the reasons set forth in the accompanying Memorandum Opinion, it is hereby

 ORDERED that the text of the corrective statements shall be as follows: . . .

A Federal Court has ruled that the Defendant tobacco companies deliberately deceived the American public about the health effects of secondhand smoke, and has ordered those companies to make this statement. Here is the truth:

�Secondhand smoke kills over 3,000 Americans eachyear.

�Secondhand smoke causes lung cancer and coronary heart disease in adults who do not smoke.

�Children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome(SIDS), acute respiratory infections, ear problems, severe asthma, and reduced lung function.

�There is no safe level of exposure to secondhandsmoke.

and it is further

ORDERED that the parties are to engage in discussions with the Special Master, to begin in December 2012 and conclude by March 1,2013, regarding implementation of the corrective statements. In particular, the parties are to address the issues raised in Appendix B to the Memorandum Opinion.

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