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Tobacco-Free Kids Action Fundagainst big Tabacco getting off free...grrrr

On June 29, on behalf of its members, the Tobacco-Free Kids Action Fund (a 501(c)(4) organization affiliated with the Campaign for Tobacco-Free Kids) joined with five other public health organizations to file a motion with the U.S. District Court for the District of Columbia asking to intervene and become formal parties to the federal government’s lawsuit against the tobacco companies. On July 22nd, Judge Gladys Kessler granted the motion making the Tobacco-Free Kids Action Fund an official party in the federal lawsuit against Big Tobacco.

In her ruling, Judge Kessler wrote that "In a case of this magnitude, which could potentially affect the health and welfare of the American public, as well as the American economy (given our enormous annual expenditures on health care), it will serve the public interest for major public health organizations, such as Intervenors, who have long experience with smoking and health issues, to contribute their perspectives on what appropriate and legally permissible remedies may be imposed should liability be found." (To read a full copy of Judge Kessler’s memo and opinion, click here).

The original motion (link to Motion to Intervene) filed by the Tobacco-Free Kids Action Fund, American Cancer Society, American Heart Association, American Lung Association, Americans for Nonsmokers’ Rights and the National African American Tobacco Prevention Network states, "These groups seek to intervene at this stage of the litigation because the Government recently announced that it has drastically reduced the relief it sought to protect the public health and welfare. As the actions of the government demonstrate, the interests represented by the proposed intervenors are no longer being adequately represented."

The government, during closing arguments and in a proposed remedies order filed Monday June 27, 2005, reduced the smoking cessation remedy it is seeking from a 25-year, $130 billion plan to a five-year, $10 billion plan. The Washington Post and The Los Angeles Times reported that there was political interference in the case and a top Justice Department official who used to work for a law firm that represented RJ Reynolds pressured the Justice Department lawyers to reduce the cessation remedy. The LA Times reported on June 8: "A person familiar with the situation, speaking on condition of anonymity, said the change was 'forced on the [lawyers] by higher-level, politically appointed officials of the Justice Department,' including Associate [Attorney General] Robert McCallum, who oversees the civil division."

Several Members of Congress called for an investigation (link to letters) into political interference in the case and the Department of Justice Office of Professional Responsibility is currently investigating whether improper political interference contributed to the Department's stunning reversals in the litigation against the tobacco industry.

The reversal of position by the Department of Justice on both its legal theory and its proposed remedy regarding cessation led our organizations to conclude that the interests of the American public, especially the 45 million Americans who are addicted to cigarettes and the diverse communities impacted by tobacco use, are no longer being adequately represented by the government.

The public health groups will be allowed to file briefs with the court as to the scope of permissible and appropriate remedies in the case, and will be able to present arguments to the court in support of the strong remedies that we believe are needed to prevent and restrain future industry wrongdoing and protect public health, including remedies that go beyond those recommended by the government. These remedies could include industry funding of public education campaigns; a prohibition on health-related brand descriptors like "light" and "low-tar;" restrictions on tobacco marketing; public disclosure of industry scientific, marketing and sales data; financial penalties if the tobacco companies fail to reach targets for reducing youth smoking rates; and independent monitoring of the industry's behavior to ensure compliance with any court order and prevent future wrongdoing.

The Tobacco-Free Kids Action Fund’s Motion will give its Members a voice in the lawsuit. Be a part of this historic effort by becoming a Member of the Tobacco-Free Kids Action Fund today.

Make a donation today to help us continue the fight against Big Tobacco and have a direct stake in this historic case!

If you are interested in taking action or learning more about the case, please visit www.dontpardonbigtobacco.org