Jump to full article: Legal NewsLine, 2009-07-14
Author: KEITH LORIA
Intro: Washington's Division One Court of Appeals ruled Tuesday that a cartoon image included in the Nov. 2007 ad campaign by R.J. Reynolds Tobacco Co. in Rolling Stone magazine was in violation of the 1998 Tobacco Master Settlement Agreement.
In doing so, the court overturned a June 2008 verdict in favor of the company, which ruled that the content didn't depict traditional cartoons and that the images were more thought-provoking than humorous. Tuesday's decision awarded the State attorneys fees and costs and remanded the case for damages.
Washington Attorney General Rob McKenna called the ruling a reminder of how committed the states are to enforcing the public health provisions of the MSA and prohibiting the illegal marketing of tobacco products.
"This lawsuit demonstrates, even 10 years later, states have not forgotten legacy of the Master Settlement Agreement," said the Republican AG, who recently served three years as co-chair of the National Association of Attorneys General Tobacco Committee.
"This is the kind of advertising that brought about the Master Settlement Agreement in the first place and this is one of the on-going legal commitments tobacco companies made to the states. We are holding them accountable."
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