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5 décembre, 2007 15:59

Six States Sue R.J. Reynolds Over Ads in Rolling Stone

Marc Levy

The Associated Press

12-05-2007

Six states are accusing R.J. Reynolds Tobacco Co. of violating a nine-year-old ban on the use of cartoons to support cigarette advertisements.

Specifically, lawsuits the states planned to file Tuesday target a section in the November edition of Rolling Stone magazine that combines pages of Camel cigarette ads and pages of magazine-produced illustrations around the theme of independent rock music.

"Their latest nine-page advertising spread in Rolling Stone, filled with cartoons, flies in the face of their pledge to halt all tobacco marketing to children," Pennsylvania's Attorney General Tom Corbett said in a statement released Tuesday.

California, Illinois, New York, Ohio, Pennsylvania and Washington planned to file lawsuits Tuesday.

California Attorney General Jerry Brown called it a "rather clever piece of advertising."

"They agreed not to do these kinds of things ever since Joe Camel," Brown said. "We have to call them to task."

David Howard, a spokesman for R.J. Reynolds in Winston-Salem, N.C., did not immediately respond to a request for comment. He told the New York Times last month that there was a clear difference between the Camel ads on the outside pages of the section and the illustrations in the inside fold-out.

The landmark 1998 settlement between 46 states and the tobacco industry reimburses states for smoking-related health care costs. In an effort to prevent the industry from pitching to minors, the agreement includes a provision against using cartoons in advertisements.

The cigarette ads tout the "free range rock" and support for independent record labels while using images of people in 1950s-era dress, farm animals, an old-fashioned tractor and furnishings like a phonograph against a farm backdrop. Those pages fold out to reveal a four-page spread of an illustrated "Indie Rock Universe."

Each of the six states is seeking fines of $100 per magazine distributed within its borders, as well as $100 combined per hit on a related R.J. Reynolds.

If every state involved in the 1998 settlement files suit, the fines could exceed $100 million, said a spokesman for Corbett. Other states are reviewing the matter and could join the effort, said the spokesman, Nils Frederiksen.

The lawsuits also ask for the removal of the images from all Web sites and promotions and a payment by R.J. Reynolds equal to the cost of the Rolling Stone advertisement to be used for anti-smoking ads.

Associated Press writer Aaron C. Davis in Sacramento, Calif., contributed to this story.


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