Verdict is In Against Big Tobacco

A federal three-judge panel unanimously upheld the findings of the U.S. Department of Justice case against the tobacco industry. The court ruled the industry lied about the dangers of smoking and it ordered remedies in the marketplace.

"This is really good news," said Dr. Michael Fiore, who served as a witness for the government. “In 2005, I was proud to take the stand to speak out about the duplicity of the tobacco industry and the damage of its actions. This ruling validates the righteousness of the case. It brings a measure of relief to the thousands of American families who have borne the painful loss of loved ones because of the tobacco industry’s manipulative practices. Going forward, this ruling means more families will be spared that pain.”

Under the ruling, the tobacco industry must immediately stop using the phrases "low tar," "light," "ultra light" or "mild," since such cigarettes have been found no safer than others. In a landmark ruling, a lower court would have prohibited the use of such labels. During the appeal, however, that marketing had continued.

In the original case, the government also argued the manufacturers lied about the dangers of secondhand smoke, manipulated cigarettes to maintain addiction, intentionally marketed to youth, and destroyed documents to hide the dangers and protect themselves in litigation.

The government had asked the court to make the companies pay $10 billion for a national smoking cessation program. At the time, Dr. Fiore testified, “A comprehensive national-smoking-cessation program has the potential to reach smokers of diverse populations, to normalize quitting, and to make sure that every smoker who wishes to quit has the opportunity to do so successfully using science-based treatments.”

The judge in the original case said it wasn't within her legal authority to order such a program. The government appealed that decision but in its recent ruling, the appellate panel upheld the limitation.

The case began in 1999. Clinton administration attorneys filed charges under federal anti-racketeering and fraud laws against nine tobacco companies and two trade associations, alleging they had engaged in a 50-year conspiracy to deceive the public about the dangers of smoking.

A spokesman for the tobacco industry said the case would be appealed to the U.S. Supreme Court since it continues to deny any wrongdoing.