UPDATE: US Supreme Court Won't Consider Long-Running Tobacco Case
June 28 2010 - 11:57AM
Dow Jones News
The U.S. Supreme Court Monday refused to review a landmark
ruling that found the tobacco industry violated federal
racketeering laws by engaging in a decades-long scheme to deceive
the public about the dangers of smoking.
The high court rejected appeals by both the tobacco industry and
the government. The industry was seeking to overturn lower-court
holdings that it violated racketeering laws, while the government
was seeking to revive its rejected attempt to get tobacco companies
to forfeit up to $280 billion in profits and pay $10 billion for
smoking-cessation programs.
Last year, an appeals court affirmed most remedies that a trial
judge imposed against tobacco companies in 2006, which included
restrictions on tobacco marketing and a requirement that the
industry make corrective public statements about the health effects
and addictiveness of smoking.
The appeals court, however, rejected the government's request
for additional penalties against cigarette makers. The U.S. Court
of Appeals for the District of Columbia Circuit ruled unanimously
that there was ample evidence to conclude that the tobacco industry
intended to deceive the public about the dangers of smoking. The
court also said the government had adequately proven that the
tobacco industry was likely to commit future racketeering
violations unless restrictions were imposed.
In rejecting the government's bid to have the industry fund a
national smoking-cessation program, the appeals court said federal
law gave the courts no power to order such a remedy.
The Supreme Court let the D.C. Circuit ruling stand without
comment.
The appeals court had issued another ruling in 2005 that
rejected the government's bid to disgorge billions in industry
profits.
Defendants in the case included Altria Group Inc.'s (MO) Philip
Morris subsidiary, Reynolds American Inc. (RAI), British American
Tobacco PLC (BTI) and Lorillard Inc. (LO).
All saw a boost Monday from the Supreme Court's decision, with
Altria up 3.9% to $20.47, Reynolds American up 4.2% to $53.53,
British American Tobacco up 1.3% to $64.91 and Lorillard up 2.7% to
$73.74 in recent trading.
Morningstar analyst Philip Gorham said he wouldn't expect major
stock moves as a result of any one court ruling, but said investors
are relieved that the tobacco companies won't have to forfeit up to
$280 billion in profits.
"The market tends to price in the risk of defeat in these
cases," Gorham said.
Meanwhile, Altria and its Philip Morris USA unit said in a
statement that while they're disappointed the Supreme Court didn't
grant their petitions challenging the basis of the suit, they're
"pleased the Surpreme Court has confirmed once again that
disgorgement is not an available remedy."
The long-running case dates back to 1999, when the Clinton
administration alleged that nine tobacco companies and two related
trade associations engaged in a 50-year conspiracy to deceive the
public about the dangers of smoking. A nine-month trial took place
in 2005.
In a 2006 opinion that logged 1,653 pages, U.S. District Court
Judge Gladys Kessler ordered a variety of marketing, sales and
advertising restrictions on the tobacco industry. Kessler also
required cigarette makers to issue corrective statements about the
dangers of their products, which would appear on television,
newspapers, product packaging and countertop displays in retail
outlets.
The appeals court largely affirmed those remedies.
-By Brent Kendall, Dow Jones Newswires; 202-862-9222;
brent.kendall@dowjones.com
(Shara Tibken contributed to this article)
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