US v. Philip Morris Review could open door for substantial remedies that would help smokers to quit protect kids from starting – and could force the cigarette companies to pay hundreds of billions
Jump to full article: Tobacco Control Resource Center, 2010-02-19
Intro: The pre-trial ruling for which the United States seeks review rejected the proposed remedy under the civil provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO) seeking forfeiture of the cigarette industry’s ill-gotten gains flowing from sales to children. It also limited other potential remedies that often available to the judiciary unless they were clearly “forward looking” and carefully tailored to prevent future RICO violations. . . .
Mark Gottlieb, Director of the Tobacco Products Liability Project at Northeastern University School of Law in Boston said: “The Solicitor General’s Petition is enormously important because it could result in a second opportunity for the District Court to mete out justice with a fuller option of remedies in its arsenal. These could include disgorgement of ill-gotten gains; industry-funded cessation programs; counter-marketing; and many other remedies.”
Edward L. Sweda, Jr., Senior Attorney for the Tobacco Products Liability Project noted that: “Freed from the constraints of the pre-trial decision by the DC Circuit Court of Appeals, the District Court would be able to reshape the public health landscape around cigarettes and prevent future violations of RICO.”
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