Tobacco.org

Robert Moran: Smoking — legal and smoky environments  

Nov. 19 is the American Cancer Society's 32nd annual Great American Smokeout. In support, "Thinking about Salem" will address smoking in three columns highlighting significant developments and research findings published from September 2008 through August 2009.

Legal environment

It was a momentous year. On June 22, the Family Smoking Prevention and Tobacco Control Act became law. It gave the Food and Drug Administration (FDA) extensive authorities to regulate tobacco for public health purposes. . . .

The industry took a knee to its pocketbook just before Christmas. The Supreme Court ruled smokers could sue manufactures who advertised cigarettes as “light” for fraud. At trial, plaintiffs successfully argued manufactures knew people smoking reduced tar and nicotine cigarettes would alter their smoking habits to extract as much tar and nicotine from “lights” as they got from full-strengths. This ruling bodes badly for tobacco in an ongoing racketeering case. In July, a three-judge panel from the Federal Court of Appeals unanimously upheld a 2006 conviction of tobacco companies for conspiring to suppress evidence smoking is harmful. Along with huge fines ($280 billion), the trial court prohibited advertising any cigarette as “light.” If tobacco appeals its racketeering conviction to the Supreme Court, as the financial press reports it will, court-watchers think it will fare badly.

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