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United States v. Philip Morris USA, Inc.

United States District Court, District of Columbia

October 2, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
PHILIP MORRIS USA INC., et al, Defendants, and TOBACCO-FREE KIDS ACTION FUND, Plaintiff-Intervenors and ITG BRANDS, LLC, et al, Post-Judgment Parties Regarding Remedies.

          JILL FURMAN, Deputy Director ANDREW CLARK, Assistant Director Consumer Protection Branch DANIEL. K. CRANE-HIRSCH Attorneys for Plaintiff United States of America.

          Katherine A. Meyer MEYER GLITZENSTEIN & EUBANKS LLC Attorney for the Public Health Plaintiff-Intervenors

          Anand Agneshwar Arnold & Porter Miguel A. Estrada GIBSON, DUNN & CRUTCHER LLP Attorneys for Defendants Altria Group, Inc. and Philip Morris USA Inc.

          Peter J. Biersteker JONES DAY Geoffrey K. Beach R. Michael Leonard WOMBLE CARLYLE SANDRIDGE & RICE, PLLC Jeffrey A. Mandell STAFFORD ROSENBAUM LLP Attorneys for Defendant R.J. Reynolds Tobacco Company (individually and as successor by merger to Brown & Williamson Tobacco Corporation and as successor to Lorillard Tobacco Company)

          Robert J. Brookhiser, Jr., Elizabeth B. McCallura BAKER & HOSTETLER LLP Attorneys for Post-Judgment Parties Regarding Remedies ITG Brands, LLC; Commonwealth Brands, Inc. and Commonwealth-Altadis, Inc.

          SECOND SUPERSEDING CONSENT ORDER IMPLEMENTING THE CORRECTIVE STATEMENTS REMEDY FOR NEWSPAPERS AND TELEVISION

          PAUL L.FRIEDMAN, UNITED STATES DISTRICT JUDGE.

         Upon consideration of the Consent Motion for Entry of Second Superseding Consent Order Implementing the Corrective Statements Remedy for Newspapers and Television (Dkt. 6223) and the entire record herein, the motion is Granted and it is hereby ORDERED that:

The corrective statements remedy under Order #1015 (Dkt. No. 5733; issued Aug. 17, 2006), published as United States v. Philip Morris USA Inc., 449 F.Supp.2d 1, 938-41 (D.D.C. 2006), aff'd in part & vacated in part, 566 F.3d 1095 (D.C. Cir. 2009) (per curiam), cert denied, 561 U.S. 1025 (2010), is hereby MODIFIED as set forth below:

         PART 1: REVISED TEXT FOR CORRECTIVE STATEMENTS

         As required by the Court of Appeals in United States v. Philip Morris USA, Inc., 801 F.3d 250 (D.C. Cir. 2015), and United States v. Philip Morris USA Inc., 855 F.3d 321 (D.C. Cir. 2017), and the memorandum opinions accompanying Order #62-Remand and Order #67-Remand, the text of the Corrective Statements shall be as follows for Altria, R.J. Reynolds Tobacco, Lorillard, and Philip Morris USA:

         A. Adverse Health Effects of Smoking

         A Federal Court has ordered Altria, R.J. Reynolds Tobacco, Lorillard, and" Philip Morris USA[1] to make this statement about the health effects of smoking.

• Smoking kills, on average, 1, 200 Americans. Every day.
• More people die every year from smoking than from murder, AIDS, suicide, drugs, car crashes, and alcohol, combined.
• Smoking causes heart disease, emphysema, acute myeloid leukemia, and cancer of the mouth, esophagus, larynx, lung, stomach, kidney, bladder, " and pancreas.
• Smoking also causes reduced fertility, low birth weight in newborns, and cancer of the cervix.

         B. Addictiveness of Smoking and Nicotine

         A Federal Court has ordered Altria, R.J. Reynolds Tobacco, Lorillard, and Philip Morris USA to make this statement about the addictiveness of smoking and nicotine.

• Smoking is highly addictive. Nicotine is the addictive drug in tobacco.
• Cigarette companies intentionally designed cigarettes with enough nicotine to create and sustain addiction.
• It's not easy to quit.
• When you smoke, the nicotine actually changes the brain - that's why quitting is so hard.

         C. Lack of Significant Health Benefit from Smoking "Low Tar, " "Light, " "Ultra Light, " "Mild, " and "Natural" Cigarettes

         A Federal Court has ordered Altria, R.J. Reynolds Tobacco, Lorillard, and Philip Morris USA to make this statement about low tar and light cigarettes being as harmful as regular cigarettes.

• Many smokers switch to low tar and light cigarettes rather than quitting because they think low tar and light cigarettes are less harmful. They are not.
• "Low tar" and "light" cigarette smokers inhale essentially the same amount of tar and nicotine as they would from regular cigarettes.
All cigarettes cause cancer, lung disease, heart attacks, and premature death -lights, low tar, ultra lights, arid naturals. There is no safe cigarette.

         D. Manipulation of Cigarette Design and Composition to Ensure ...


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