AMA Urges DOJ Supreme Court Appeal

June 22, 2005 1:21 pm by Gene Borio

The American Medical Association today called for the Department of Justice not to enter settlement discussions with the tobacco industry “until all appeals are exhausted up to and including appeal to the U.S. Supreme Court.” The resolution also urges the adoption of many of the DOJ tobacco team’s announced remedies in the case.

AMA resolution #446, adopted at its 2005 Annual Meeting in Chicago, was introduced by Joseph Sokolowski Jr, MD, of the American Thoracic Society (ATS), and by Donald McCaffree, MD, of the American College of Chest Physicians (ACCP). Drs. Sokolowski and McCaffree worked diligently to get this “Late Resolution” introduced to the House of Delegates on an emergency basis. The American Association of Public Health Physicians (AAPHP) and others provided supportive testimony during the AMA’s committee hearings on this resolution. AAPHP President Arvind Goyal, MD, said the resolution, as amended in committee, was unopposed in the House of Delegates.

It is unknown when it will show up at the AMA’s Resolutions page:…

Following is the text of the resolution:



“RESOLVED, That our American Medical Association continue to encourage the Department of Justice to seek other remedies in the suit against the tobacco industry including (1) ending tobacco industry marketing and advertising to children including “point of sale” advertising, promotions and sponsorships and the range of additional marketing activities aimed at youth; (2) halting industry deception and false health claims including the use of misleading terms like “light” and “mild” cigarettes; (3) full disclosure of all tobacco industry documents; and (4) fully funding tobacco cessation that includes a national telephone quitline network, universal access to smoking cessation and counseling, an extensive media campaign, research and education of medical providers.

“RESOLVED, that our AMA urge the U.S. Department of Justice to appeal Federal District Court decision limiting Racketeer Influenced Corrupt Organization (RICO) Act remedies in the lawsuit against the tobacco industry and not enter into settlement discussions in this case until all appeals are exhausted up to and including appeal to the U.S. Supreme Court.”

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