BRIEF FILED OPPOSING R.J. REYNOLDS’ EFFORT TO DILUTE CORRECTIVE STATEMENTS EXPOSURE

Now that the district court has approved the implementation plan for the "corrective statements" remedy in the long running consumer fraud suit against the major tobacco companies, R.J. Reynolds (RJR) is seeking to dilute that remedy, arguing that it should not be required to run a television advertisement in its capacity as the successor to Brown and Williamson (B&W) – one of the original defendants in the suit.  The Court ordered that "each defendant" run a television ad telling the truth about cigarettes once per week for a year, but RJR asserts that because it merged with B&W pre-judgment, the ruling does not apply to that company.  Our brief, on behalf of the Public Health Intervenors (six major public health groups, including Tobacco-Free Kids and American Cancer Society) explains RJR’s argument is untimely because it should have been raised in the original appeal in 2008, and that in any event the Court was well within its authority in directing RJR to run two television ads, given that it now markets and sells both its own cigarette brands, such as Camel, and those formerly sold by B&W, such as Kool and Pall Mall.  Our brief is here.