Kessler Issues DOJ Verdict

August 17, 2006 3:57 pm by Gene Borio

Judge Kessler Final Judgement and Remedial Order, August 17, 2006

3 Responses to “Kessler Issues DOJ Verdict”

  1. Old Observer Says:

    And so it ends with a whimper, not a bang.

  2. tobacco observer Says:

    Its not over by a long shot.

    This case is going to go to the DCCA Federal appeals court and they are going to rip it to shreds.

    At least several of Kesslers “remedies” usurp the FTC’s authority to regulate tobacco marketing and labelling (eg, no use of descriptors such as “light”). Those will likely get reversed on appeal.

    I haven’t had a chance yet to read the text of the actual decision, but I also strongly suspect that Tobacco will have an excellent case for appeal on the merits, since the gov’t, IMO, did not satisfy case law requirements for establishment of a RICO enterprise.

  3. krueger Says:

    “did not satisfy case law requirements”

    You’re entitled to your opinion.

    The Judge had a different one.

    “likely get reversed on appeal.”

    For some reason I’m reminded of David Smith’s observation:

    “Tobacco analysts…are all keen students of law…But they always seem to read the law very narrowly, in the way that favors their clients, er, I mean companies.”

    Wake-Up Call / The Tobacco Tar Pit, David Smith, July 17, 2000

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