Mon AM: 471b Issued; Bernick v. Harris on “Collusion” on Health Claim ads
October 18, 2004 11:18 am by Gene BorioJudge Kessler just signed a new order, 471b, this morning, so we will have to wait to see exactly what it says.
Meanwhile, David Bernick is grilling Dr. Jeffrey Harris on his claim that the industry’s December, 1953 meetings resulted in an agreement not to compete on health claims.
Bernick’s plan of attack was to cite FTC activity, health-oriented cigarette ad patterns 1953-54, and public displeasure about such claims. Bernick held that the industry was concerned about its credibility upon the launch of its new PR campaign (heralded by the Frank Statement), and was NOT entering into a collusive and anti-competitive agreement.
There is apparently some bad blood between Mr. Bernick and Mr. Harris. At several points, DOJ objected to Mr. Bernick’s argumentative line of questioning, and Judge Kessler finally said, “I know there’s a long history here, but it shouldn’t spill over into the examination.”