Current status of the Department of Justice Remedies in the RICO Case Against Big Tobacco

While the spotlight is no longer on the United States' Government's lawsuit against the major tobacco manufacturers after the decision of the United States Supreme Court, the case is not over and important issues remain to be resolved. The case is now back in Judge Gladys Kessler's trial court. The tobacco companies have argued that the enactment of the Family Smoking Prevention and Tobacco Control Act makes her remedial order moot and eliminates her jurisdiction over the case. The tobacco industry has also objected to Judge Kessler's requirement that that be required to publish “Corrective Statements” and argued that even if they are required to publish “Corrective Statements”, they should not be required to publish the statements the government has proposed or to post signs in retail outlets. They have also challenged Judge Kessler's order that they continue to maintain and put new documents into the Minnesota document depository and several other provisions of Judge Kessler's order. The Department of Justice and the Public Health Intervenors have opposed the Industry's efforts.