USA v PHILIP MORRIS, et. al. #6227: ORDER #[72] -Remand: SECOND SUPERSEDING CONSENT ORDER IMPLEMENTING THE CORRECTIVE STATEMENTS

October 5, 2017 11:52 pm by Gene Borio

The PDF is Here

EXCERPT:

The corrective statements remedy under Order #1015…is hereby MODIFIED as set forth below:

PART 1: REVISED TEXT FOR CORRECTIVE STATEMENTS

As required by the Court of Appeals in United States v. Philip Morris USA, Inc., 80I F.3d 250… and the memorandum opinions accompanying Order #62-Remand and Order #67- Remand, the text of the Corrective Statements shall be as follows for Altria, R.J. Reynolds Tobacco, Lorillard, and Philip Morris USA:

A. Adverse Health Effects of Smoking

A Federal Court has ordered Altria, R.J. Reynolds Tobacco, Lorillard, and Philip Morris USA1 to make this statement about the health effects of smoking.

• Smoking kills, on average, I :200 Americans. Every day.

• More people die every year from smoking than from murder, AIDS, suicide, drugs, car crashes, and alcohol, combined.

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USA v PHILIP MORRIS, et. al. #6223-6: (Proposed) ORDER # ___ -Remand SECOND SUPERSEDING CONSENT ORDER IMPLEMENTING THE CORRECTIVE STATEMENTS REMEDY FOR NEWSPAPERS AND TELEVISION

October 3, 2017 11:56 am by Gene Borio

The PDF is Here

EXCERPT:

Upon consideration of the Consent Motion for Entry of Second Superseding Consent Order Implementing the Corrective Statements Remedy for Newspapers and Television, and the entire record herein, it is hereby ORDERED that:

The corrective statements remedy under Order #1015 (Dkt. No. 5733; issued Aug. 17, 2006), published as United States v. Philip Morris USA Inc., 449 F. Supp. 2d 1, 938-41 (D.D.C. 2006), aff’d in part & vacated in part, 566 F.3d 1095 (D.C. Cir. 2009) (per curiam), cert. denied, 561 U.S. 1025 (2010), is hereby MODIFIED as set forth below:

PART 1: REVISED TEXT FOR CORRECTIVE STATEMENTS

As required by the Court of Appeals in United States v. Philip Morris USA, Inc., 801 F.3d 250 (D.C. Cir. 2015), and United States v. Philip Morris USA Inc., 855 F.3d 321 (D.C. Cir.2017), and the memorandum opinions accompanying Order #62-Remand and Order #67Remand, the text of the Corrective Statements shall be as follows for Altria, R.J. Reynolds Tobacco, Lorillard, and Philip Morris USA:

A. Adverse Health Effects of Smoking

A Federal Court has ordered Altria, R.J. Reynolds Tobacco, Lorillard, and Philip Morris USA1 to make this statement about the health effects of smoking.

• Smoking kills, on average, 1,200 Americans. Every day.

• More people die every year from smoking than from murder, AIDS, suicide, drugs, car crashes, and alcohol, combined.

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USA v PHILIP MORRIS, et. al. #6225: CONSENT MOTION FOR SCHEDULING ORDER AND JOINT STATUS REPORT REGARDING CORRECTIVE STATEMENTS

October 3, 2017 11:11 am by Gene Borio

The PDF is Here

EXCERPT:

On this day, the parties are submitting a motion for entry of a proposed consent order regarding implementation of the corrective statements remedy for newspapers and television. That proposed consent order also incorporates the English and Spanish text for all executions (newspapers, television, websites, and onserts).

The parties continue to move forward toward the implementation of the corrective statements remedy in two other media channels, websites and onserts. As reported July 11, 2017, August 11, 2017, and September 11, 2017, the parties have made significant progress

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USA v PHILIP MORRIS, et. al. #6223: CONSENT MOTION FOR ENTRY OF SECOND SUPERSEDING CONSENT ORDER IMPLEMENTING THE CORRECTIVE STATEMENTS…

October 3, 2017 11:04 am by Gene Borio

The PDF is Here

EXCERPT:

By contrast, the present (proposed) Newspaper and TV Consent Order provides that if the Court adopts the (proposed) Newspaper and TV Order without modification, then the tobacco companies will not challenge that Order on appeal, and the specific implementation executions for newspapers and television will commence on the schedule specified in that Order. . . . The paragraph goes on to provide that if the District Court should modify any term or requirement, no party waives or abandons any appeal or appellate rights or argument, and the parties reserve the right to seek different requirements than those stated in the (proposed) Newspaper and TV Consent Order. Id.

The parties respectfully request the Court’s prompt review of the (proposed) Newspaper and TV Consent Order, and—if the Court finds it acceptable—prompt entry as an Order, no later than Friday, October 13, 2017.

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Judge Kessler Drops Out of DOJ Case

September 21, 2017 9:00 am by Gene Borio

The PDF is Here

EXCERPT:

The above-entitled case was reassigned on 8/29/2017 from Judge Gladys Kessler to Judge Paul L. Friedman by direction of the Calendar Committee.

(Case Transferred by Consent)

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USA v PHILIP MORRIS, et. al.: ORDER# 68 - REMAND, Jul 25, 2017

August 1, 2017 5:51 pm by Gene Borio

The PDF is Here

EXCERPT:

After considering the parties’ joint filing dated July 11, 2017, and the entire record in this case, it is hereby

ORDERED that the parties shall apply their best efforts, by August 11, 2017, to submit an agreed upon (Proposed) Second Superseding Consent Order, or to provide a further status report to the Court outlining the status of finalizing mockups and any other remaining issues concerning the implementation of the corrective-statements remedy in these media channels. It is further

ORDERED that Defendants’ and the Remedies Parties’ comments on the topic description to be incorporated into the preamble to Statement C (light/low-tar) that this Court ordered (at pages 5-7 of the Memorandum Opinion (Dkt. No. 6209)) accompanying Order #67-Remand), are

_________ CREDITED, such that Order #67-Remand and its accompanying Memorandum Opinion are hereby AMENDED to substitute “this statement about the harmfulness of low tar and light cigarettes” in place of “this statement about low tar and light cigarettes being as harmful as regular cigarettes” in Statement C.

- - - - or - - - - -

√ ________DISREGARDED, such that the language of Statement C will remain as the Court previously ordered in Order #67-Remand and its accompanying Memorandum Opinion.

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DOCKET for USA v PHILIP MORRIS, et. al., Jul 11-25, 2017

August 1, 2017 5:32 pm by Gene Borio

07/11/2017 6211 Joint STATUS REPORT Regarding Corrective Statements by ALTRIA GROUP, INC., PHILIP MORRIS USA INC.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Agneshwar, Anand) (Entered: 07/11/2017)

07/25/2017 6212 ORDER #68-Remand: It is ordered that the parties shall apply their best efforts, by August 11, 2017, to submit an agreed upon (Proposed) Second Superseding Consent Order, or to provide a further Status Report to the Court outlining the status of finalizing mockups and any other remaining issues concerning the implementation of the corrective-statements remedy in these media channels; it is further ordered that Defendants’ and Remedies Parties’ comments on the topic description to be incorporated into the preamble to Statement C (light/low-tar) that this Court ordered at pages 5-7 of the Memorandum Opinion at Dkt. No. 6209, accompanying Order #67-Remand) are DISREGARDED, such that the language of Statement C will remain as the Court previously ordered in Order #67-Remand and its accompanying Memorandum Opinion. Signed by Judge Gladys Kessler on 7/25/17. (CL) (Entered: 07/25/2017)

DOCKET for CEI v. DOT, Apr 28, 2016-Jul 21, 2017

July 21, 2017 8:35 pm by Gene Borio

EXCERPT:

07/21/2017

OPINION [1685254] filed (Pages: 17) for the Court by Judge Randolph, CONCURRING OPINION (Pages: 1) by Judge Kavanaugh, DISSENTING OPINION (Pages: 5) by Judge Ginsburg. [16-1128]

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USA v PHILIP MORRIS, et. al.: JOINT STATUS REPORT REGARDING CORRECTIVE STATEMENTS, Jul 11, 2017

July 11, 2017 5:11 pm by Gene Borio

The PDF is Here

EXCERPT:

First, since this Court issued Order #67-Remand, the parties have discussed steps to move forward expeditiously to the implementation of the corrective statements. The parties plan to update and submit for this Court’s consideration proposed Consent Order language to incorporate the revised text across all executions (newspapers, television, websites, and onserts); and to make other conforming changes to the Consent Order. Among possible changes to the Consent Order, Plaintiffs have proposed that the parties replace the agreed-upon Trigger Date mechanism with a date certain for implementation to begin in newspapers, television, and company websites, and a second date certain for implementation to begin on onserts; and that the parties remove the tobacco companies’ reservation of rights to appeal.

. . .

The parties respectfully request that the Court require them to apply their best efforts, by August 11, 2017, to submit an agreed upon (Proposed) Second Superseding Consent Order, or to provide a further status report to the Court outlining the status of finalizing mockups and any other remaining issues concerning the implementation of the corrective-statements remedy in these media channels. The parties are attaching a (proposed) Order for the Court to consider and, if acceptable, to enter.

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DOCKET for USA v PHILIP MORRIS, et. al., Jun 20-30, 2017

July 1, 2017 9:03 pm by Gene Borio

06/20/2017 6207 MANDATE of USCA as to 6191 Notice of Appeal to DC Circuit Court, filed by ALTRIA GROUP, INC., R.J. REYNOLDS TOBACCO COMPANY, PHILIP MORRIS USA INC., COMMONWEALTH ALTADIS, COMMONWEALTH BRANDS INCORPORATED, ITG BRANDS, LLC ; USCA Case Number 99-2496. (Attachments: # 1 USCA Order)(td) (Entered: 06/23/2017)

06/27/2017 6208 ORDER #67-Remand: In accordance with the Opinion of the Court of Appeals in April 2017, the Parties shall be governed by the Corrective Statements set forth in pages 5-7 of the accompanying Memorandum Opinion; any objections or comments to the Corrective Statements shall be filed no later than 14 days after the issuance of this Order; no submission shall exceed five pages. Signed by Judge Gladys Kessler on 6/27/17. (CL) (Entered: 06/27/2017)

06/27/2017 6209 MEMORANDUM OPINION to Order #67-Remand. Signed by Judge Gladys Kessler on 6/27/17. (CL) (Entered: 06/27/2017)

06/30/2017 6210 NOTICE Triennial Report On Changes In Trade Secret Or Confidential Status Of Documents by ALTRIA GROUP, INC., PHILIP MORRIS USA INC. (Attachments: # 1 Exhibit Downgrade Report per Order #1015)(Agneshwar, Anand) (Entered: 06/30/2017)