Tobacco

Corrective Concerns

PM USA has "serious concerns" on Justice Dept.'s proposed "corrective statements"
RICHMOND, Va. -- The U.S. Department of Justice has released a series of statements that it wants cigarette makers to publish about the dangers of their products. Philip Morris USA and its parent company, Altria Group Inc., have expressed concerns regarding these proposed "corrective statements" filed by the Justice Department in its lawsuit, saying that the proposed statements go beyond factual and scientific information."We have no concerns about communicating the health effects of tobacco products. We agree with the overwhelming medical and scientific consensus that cigarette [image-nocss] smoking causes lung cancer, heart disease, and other serious diseases in smokers and is addictive," said Murray Garnick, Altria Client Services senior vice president and associate general counsel. "Philip Morris USA currently communicates this information in a number of ways, including on its website.""Further, Philip Morris USA supported federal regulation of tobacco products by the FDA, which is charged with ensuring scientifically accurate communications about tobacco products to adult consumers," added Garnick."However, we have serious concerns with the Department of Justice proposal, which goes far beyond the communication of science-based health information. The Department of Justice proposal would compel the companies to admit wrongdoing under threat of contempt. Such a proposal is unprecedented in our legal system and would violate basic constitutional and statutory standards. The proposal would also violate the court of appeals' decision in this case, which held that any corrective statements must be purely factual and uncontroversial. The government's proposal is neither," said Garnick. "We will work with the Department of Justice and, if necessary, challenge the proposal at the appropriate time."The proposed statements:Corrective Statements for Negative Health Effects of SmokingA federal court is requiring tobacco companies to tell the truth about cigarette smoking. Here's the truth:Smoking reduces circulation, triggers asthma, and can cause infertility and erectile dysfunction.Smoking during pregnancy can cause stillbirth, low birth weight, and sudden infant death syndrome.Smoking causes heart disease, emphysema, chronic bronchitis, acute myeloid leukemia and cancers of the mouth, esophagus, throat, voice box, lung, stomach, kidney, bladder, pancreas, cervix and uterus.Smoking kills 1,200 Americans. Every day.Corrective Statements for Addictiveness of Smoking and NicotineWe told Congress under oath that we believed nicotine is not addictive. We told you that smoking is not an addiction and all it takes to quit is willpower. Here's the truth:Smoking is very addictive. And it's not easy to quit.We manipulated cigarettes to make them more addictive.When you smoke, the nicotine actually changes the brain--that's why quitting is so hard.Paid for by [Cigarette Manufacturer Name] under order of a Federal District court.

Corrective Statements for Lack of Health Benefit from "Low Tar," "Light," "Ultra Light," "Mild" and "Natural" CigarettesWe falsely marketed low tar and light cigarettes as less harmful than regular cigarettes to keep people smoking and sustain our profits.

We knew that many smokers switch to low tar and light cigarettes rather than quitting because they believe low tar and lights are less harmful. They are NOT. Here's the truth:

Just because lights and low tar cigarettes feel smoother, that doesn't mean they are any better for you. Light cigarettes can deliver the same amounts of tar and nicotine as regular cigarettes.ALL cigarettes cause cancer, lung disease, heart attacks and premature death--lights, low tar, ultra lights and naturals.Paid for by [Cigarette Manufacturer Name] under order of a Federal District court.

Corrective Statements for Cigarette Design Manipulation
For decades, we denied that we controlled the level of nicotine delivered in cigarettes. Here's the truth:Cigarettes are a finely-tuned nicotine delivery device designed to addict people.We control nicotine delivery to create and sustain smokers' addiction, because that's how we keep customers coming back.We also add chemicals, such as ammonia, to enhance the impact of nicotine and make cigarettes taste less harsh.When you smoke, the nicotine actually changes the brain--that's why quitting is so hard.Paid for by [Cigarette Manufacturer Name] under order of a Federal District court.

Corrective Statements for Negative Health Effects of Secondhand SmokeThe Surgeon General has concluded: Exposure to environmental tobacco smoke has been proven to cause premature death and disease in children and in adults who do not smoke. Children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory infections, ear problems, and more severe asthma. Smoking by parents causes respiratory symptoms and slows lung growth in their children. Exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer. The scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke.

This message is furnished by [Cigarette Manufacturer Name] pursuant to a Court Order and is taken from the 2006 Surgeon General's Report.

You should rely upon your medical provider and the Surgeon General in making decisions regarding smoking.

The proposal comes in the wake of a 2006 decision by U.S. District Court Judge Gladys Kessler, who ruled that tobacco companies violated federal racketeering laws by engaging in a decades-long scheme to deceive the public about the dangers of smoking, said a Dow Jones report.

Among the penalties, the judge required cigarette makers to issue corrective statements about the dangers of their products, to appear on TV and in newspapers, product packaging and retail displays.

The release of the proposed statements had been delayed because the government and the industry disagreed about when the information should be made public. Kessler ordered the information be released on Wednesday, said the report.

Another issue is the effect of intervening regulations by the Food & Drug Administration (FDA). In 2009 Congress gave the FDA wide authority to regulate the tobacco industry (click here for previous CSP Daily News coverage), including a requirement that companies place large, graphic health warnings on cigarette packs.

The FDA last November proposed draft warning labels that could include graphic images depicting dead bodies and diseased lungs. The agency's proposal is not yet final (click here for previous coverage).

Defendants in the case include Altria Group Inc.'s Philip Morris subsidiary, Reynolds American Inc.'s R.J. Reynolds Tobacco Co.; British American Tobacco (Investments) Ltd., a subsidiary of British American Tobacco PLC; and Lorillard Tobacco Co., a unit of Lorillard Inc.

Members help make our journalism possible. Become a CSP member today and unlock exclusive benefits, including unlimited access to all of our content. Sign up here.

Multimedia

Exclusive Content

Foodservice

Opportunities Abound With Limited-Time Offers

For success, complement existing menu offerings, consider product availability and trends, and more, experts say

Snacks & Candy

How Convenience Stores Can Improve Meat Snack, Jerky Sales

Innovation, creative retailers help spark growth in the snack segment

Technology/Services

C-Stores Headed in the Right Direction With Rewards Programs

Convenience operators are working to catch up to the success of loyalty programs in other industries

Trending

More from our partners