UNITED STATES’ SUBMISSION OF PROPOSED CORRECTIVE STATEMENTS AND EXPERT REPORT

February 23, 2011 6:50 pm by Gene Borio

THE PDF IS HERE

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

__________________________________________

UNITED STATES OF AMERICA,

Plaintiff,

v.

PHILIP MORRIS USA INC., et al.,

Defendants.

LODGED UNDER SEAL SUBJECT TO DISPUTED MOTION FOR UNDER SEAL FILING

Civil Action No. 99-2496 (GK)

Next scheduled court appearance: February 24, 2011

__________________________________________

UNITED STATES’ SUBMISSION OF PROPOSED CORRECTIVE STATEMENTS AND EXPERT REPORT

The United States hereby submits its proposed corrective statements, which are set forth below. These proposed corrective statements are based upon the expert recommendations of the United States’ expert witness, and are intended to be examined in conjunction with the corresponding expert report and supporting materials. The United States’ expert report is attached as Exhibit 1 to this filing.

Topic A: Corrective Statements for Negative Health Effects of Smoking

A Federal court is requiring tobacco companies to tell the truth about cigarette smoking. Here’s the truth:

–Smoking reduces circulation, triggers asthma, and can cause infertility and erectile dysfunction.

–Smoking during pregnancy can cause stillbirth, low birth weight, and sudden infant death syndrome.

–Smoking causes heart disease, emphysema, chronic bronchitis, acute myeloid leukemia, and cancers of the mouth, esophagus, throat, voice box, lung, stomach, kidney, bladder, pancreas, cervix and uterus.

–Smoking kills 1,200 Americans. Every day.

Case 1:99-cv-02496-GK Document 5875 Filed 02/23/11 Page 1 of 4

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Topic B: Corrective Statements for Addictiveness of Smoking and Nicotine

We told Congress under oath that we believed nicotine is not addictive. We told you that smoking is not an addiction and all it takes to quit is willpower. Here’s the truth:

–Smoking is very addictive. And it’s not easy to quit.

–We manipulated cigarettes to make them more addictive.

–When you smoke, the nicotine actually changes the brain—that’s why quitting is so hard.

Paid for by [Cigarette Manufacturer Name] under order of a Federal District court.

Topic C: Corrective Statements for Lack of Health Benefit from “Low Tar,” “Light,” “Ultra Light,” “Mild,” and “Natural” Cigarettes

We falsely marketed low tar and light cigarettes as less harmful than regular cigarettes to keep people smoking and sustain our profits.

We knew that many smokers switch to low tar and light cigarettes rather than quitting because they believe low tar and lights are less harmful. They are NOT.

Here’s the truth:

–Just because lights and low tar cigarettes feel smoother, that doesn’t mean they are any better for you. Light cigarettes can deliver the same amounts of tar and nicotine as regular cigarettes.

–ALL cigarettes cause cancer, lung disease, heart attacks and premature death— lights, low tar, ultra lights, and naturals.

Paid for by [Cigarette Manufacturer Name] under order of a Federal District court.

Case 1:99-cv-02496-GK Document 5875 Filed 02/23/11 Page 2 of 4

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Topic D: Corrective Statements for Cigarette Design Manipulation

For decades, we denied that we controlled the level of nicotine delivered in cigarettes.

Here’s the truth:

–Cigarettes are a finely-tuned nicotine delivery device designed to addict people.

–We control nicotine delivery to create and sustain smokers’ addiction, because that’s how we keep customers coming back.

–We also add chemicals, such as ammonia, to enhance the impact of nicotine and make cigarettes taste less harsh.

–When you smoke, the nicotine actually changes the brain—that’s why quitting is so hard.

Paid for by [Cigarette Manufacturer Name] under order of a Federal District court.

Topic E: Corrective Statements for Negative Health Effects of Secondhand Smoke

The Surgeon General has concluded:

–Exposure to environmental tobacco smoke has been proven to cause premature death and disease in children and 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, and more severe asthma. Smoking by parents causes respiratory symptoms and slows lung growth in their children. Exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer. The scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke.

This message is furnished by [Cigarette Manufacturer Name] pursuant to a Court Order and is taken from the 2006 Surgeon General’s Report.

You should rely upon your medical provider and the Surgeon General in making decisions regarding smoking.

Case 1:99-cv-02496-GK Document 5875 Filed 02/23/11 Page 3 of 4

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Dated: February 4, 2011 Respectfully submitted,

Washington, D.C.

TONY WEST

Assistant Attorney General

___/s/ _____________________________

ANN RAVEL

Deputy Assistant Attorney General

Civil Division

United States Department of Justice

950 Pennsylvania Ave. NW, Room 3129

Washington, DC 20530

Telephone: 202-514-3045

Facsimile: 202-514-8071

E-mail address: Ann.Ravel@usdoj.gov

EUGENE M. THIROLF, Director

Office of Consumer Litigation

___/s/ _____________________________

DANIEL K. CRANE-HIRSCH

JAMES T. NELSON

Trial attorneys

Office of Consumer Litigation, Civil Division

United States Department of Justice

PO Box 386

Washington, DC 20004-0386

Telephone: 202-616-8242 (Crane-Hirsch)

202-616-2376 (Nelson)

Facsimile: 202-514-8742

E-mail address: daniel.crane-hirsch@usdoj…

james.nelson2@usdoj.gov

Attorneys for Plaintiff

United States of America

Case 1:99-cv-02496-GK Document 5875 Filed 02/23/11 Page 4 of 4

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