On Oct. 31, 2006, a 3-judge DC Court of Appeals panel granted the Defense’s motion to stay Judge Kessler’s Judgement and Order.
It’s odd, to me, that no news source pointed out that the panel included, once again, Judges Sentelle and Tatel. Judge Sentelle, once again, found for tobacco. Judge Tatel, once again, dissented from […]
On October 30, 2006,the parties submitted their praecipes on the practicality and effectiveness of each others’ correctives, as required by Judge Kessler in her Order #1025 (Kessler Order #1025 on Correctives, Oct. 19, 2006.) She had found the parties’ previous filings had raised new issues, and some suggestions might require too “hands on” an approach […]
Granted, I’m not a lawyer, and frankly I get thoroughly lost in a lot of these legal joustings, but I thought I’d prepped pretty well to hear the arguments this morning. Yet, 45 minutes in, I remember thinking, “Why are we spending all this time on Philip Morris’ proposed jury instruction, long after the Justices […]
On Oct. 19, 2006, Judge Kessler ordered both parties to submit memoranda or praecipes on the proposed corrective statements. Both sides’ previous submissions, she writes, “have raised new issues which have not been addressed before.”
The proposals from the DOJ and the Intervenors, in particular, would require vetting of the correctives by public health experts, […]
Text follows of:
DOJ Appeal Notice, October 16, 2006
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________
UNITED STATES OF AMERICA,
Plaintiff,
and
Civil Action TOBACCO-FREE KIDS ACTION FUND, et al.,
No. 99-CV-02496 (GK)
Plaintiff-Intervenors,
v.
PHILIP MORRIS USA INC.,
f/k/a PHILIP MORRIS INC., et al.,
Defendants.
__________________________________________
NOTICE OF APPEAL
Notice is hereby given this 16th day of October, 2006, that the United States hereby appeals […]
Text for Adverse Health Effects of Exposure To Secondhand Smoke
For decades, we deliberately misled the American Public about the health effects of smoking.
A Federal District Court is requiring us to make this statement.
We denied the harms of secondhand smoke. xxvii Here’s the truth:
Secondhand smoke contains 4,800 chemicalsxxviii…
Including more than 50 cancer-causing substances. xxix
Secondhand smoke kills […]
THE FOLLOWING IS A STATEMENT BY [TOBACCO COMPANY DEFENDANT] :
Despite our prior denials:
C Secondhand smoke causes death and disease in children and in adults.
C In children, secondhand smoke damages the lungs and causes sudden infant death syndrome (SIDS), respiratory and ear infections, and more severe asthma.
C In adults, secondhand smoke causes heart disease and […]
The following statement is made by Lorillard Tobacco Company pursuant to a Court Order in United States of America, et al. v. Philip Morris USA, Inc., et al., Civil Action No. 99-2496 (GK) (Order #1015, Aug. 17, 2006, at 4; Final Op. at 1636) (on appeal).
The Surgeon General has concluded:
The evidence is sufficient to infer […]
Defendants propose the following as a corrective statement on environmental tobacco 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 […]
1. There are adverse health effects from cigarette smoking. For a list of health effects from smoking and a discussion of the relevant science, see the 2004 Report of the Surgeon General “The Health Consequences of Smoking.”
2. Cigarette smoking and nicotine are addictive.
3. There is no significant health benefit from smoking “low tar,” “light,” “ultra […]