274786 A Tale of “Bad Acts:” How the tobacco industry lied to the American Public for five decades

Tuesday, October 30, 2012 : 8:30 AM - 8:50 AM

Sharon Eubanks, JD , Edwards & Eubanks, Washington, DC
On January 20, 1999, President Bill Clinton announced in his State of the Union address that the Justice Department was planning to sue the tobacco industry and assigned the task to Attorney General Janet Reno and the Justice Department. On August 17, 2006, U.S. District Judge Gladys Kessler issued her final opinion in the government's long-standing racketeering lawsuit against the tobacco industry. What transpired in between is an incredible lesson in perseverance, tenacity, dedication, and the role of various partners. This presentation will briefly review the politics, the litigation, the behavior of the industry and its lawyers, as well as the efforts to gut the case by the Administration. While the case was ultimately a victory in court, the remedies are still under discussions and the implications for future public policy and tobacco control laws and litigation remain to be seen.

Learning Areas:
Public health or related public policy

Learning Objectives:
Analyze the legal arguments used by both parties. Analyze the strategies used by both parties Identify similar tactics used by other corporations to defend predatory practices. Describe appropriate responses to such arguments Discuss strategies to be better equipped to collaborate with legal partners in the future.

Presenting author's disclosure statement:

Qualified on the content I am responsible for because: I have first hand experience in tobacco control. As a litigator at the Department of Justice, Civil Division, and completed (as lead attorney for the United States) a nine-month trial in the largest civil case ever filed, United States v. Philip Morris, Inc., et. al (the federal tobacco litigation). I have have published and presented on tobacco control policy and litigation for more than 10 years.
Any relevant financial relationships? No

I agree to comply with the American Public Health Association Conflict of Interest and Commercial Support Guidelines, and to disclose to the participants any off-label or experimental uses of a commercial product or service discussed in my presentation.

Back to: 4005.0: Emerging Trends in Tobacco Control: Past, Present, and Future Tobacco Industry 'Bad Acts' and Subsequent Policy Implications.