6168: ORDER #59-REMAND, REINSTATING THE DESCRIPTOR BAN (Sept. 21, 2015)

September 21, 2015 3:08 pm by Gene Borio

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EXCERPT:

Upon review of Plaintiffs’ Motion to Reinstate the Descriptor Ban and any oppositions or replies, and the entire record in this case, it is hereby ORDERED that Plaintiffs’ motion is GRANTED. It is further

ORDERED, pursuant to the Mandate of the U.S. Court of Appeals for the D.C. Circuit, that this Court’s prior prohibition against express or implied health messages and health descriptors is REINSTATED, with the addition of this domestic-nexus clause in two places:

in the United States (or with direct, substantial, and foreseeable domestic effect)

and it is further ORDERED that the full descriptor ban shall read:

III.A.4. All Defendants, Covered Persons and Entities are permanently enjoined from conveying any express or implied health message or health descriptor in the United States (or with direct, substantial, and foreseeable domestic effect), for any cigarette brand either in the brand name or on any packaging, advertising or other promotional, informational or other material. Forbidden health descriptors include the words “low tar,” “light,” “ultra light,” “mild,” “natural,” and any other words which reasonably could be expected to result in a consumer believing that smoking the cigarette brand using that descriptor may result in a lower risk of disease or be less hazardous to health than smoking other brands of cigarettes. Defendants are also prohibited from representing in the United States (or with direct, substantial, and foreseeable domestic effect), directly, indirectly, or by implication, in advertising, promotional, informational or other material, public statements or by any other means, that low-tar, light, ultra light, mild, natural, or low-nicotine cigarettes may result in a lower risk of disease or are less hazardous to health than other brands of cigarettes.

END EXCERPT

FULL TEXT:

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA, Plaintiff, and

TOBACCO-FREE KIDS ACTION FUND, et al.,

Plaintiff-Intervenors,

v.

PHILIP MORRIS USA, INC., et al.,

Defendants

Civil Action No. 99-CV-2496 (GK)

Next scheduled court appearance: NONE

ORDER #59-REMAND,

REINSTATING THE DESCRIPTOR BAN

Upon review of Plaintiffs’ Motion to Reinstate the Descriptor Ban and any oppositions or replies, and the entire record in this case, it is hereby ORDERED that Plaintiffs’ motion is GRANTED. It is further

ORDERED, pursuant to the Mandate of the U.S. Court of Appeals for the D.C. Circuit (Dkt. No. 5817; filed July 29, 2010), that this Court’s prior prohibition against express or implied health messages and health descriptors is REINSTATED, with the addition of this domestic-nexus clause in two places:

in the United States (or with direct, substantial, and foreseeable domestic effect)

and it is further ORDERED that the full descriptor ban shall read:

III.A.4. All Defendants, Covered Persons and Entities are permanently enjoined from conveying any express or implied health message or health descriptor in the United States (or with direct, substantial, and foreseeable domestic effect), for any cigarette brand either in the brand name or on any packaging, advertising or other promotional, informational or other material. Forbidden health descriptors include the words “low tar,” “light,” “ultra light,”

“mild,” “natural,” and any other words which reasonably could be expected to result in a consumer believing that smoking the cigarette brand using that descriptor may result in a lower risk of disease or be less hazardous to health than smoking other brands of cigarettes. Defendants are also prohibited from representing in the United States (or with direct, substantial, and foreseeable domestic effect), directly, indirectly, or by implication, in advertising, promotional, informational or other material, public statements or by any other means, that low-tar, light, ultra light, mild, natural, or low-nicotine cigarettes may result in a lower risk of disease or are less hazardous to health than other brands of cigarettes.

Dated: Sept. 21, 2015

GLADYS KESSLER

U.S. District Judge

Copies to all counsel via CM/ECF

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