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20040526 DOJ Kessler Disgorgement Orders
CTR and TI claim that they are entitled to summary judgment on all claims against them because the Government's allegations are insufficient as a matter of law to support an order of relief under Section 1964(a). See Motion, at 13. As this Court held, both the injunctive and disgorgement remedies which the Government seeks in this action are equitable and thus require a showing that there is a "likelihood of future violations." Philip Morris, 116 F.Supp.2d at 146; Memo. Op. on Joint Defs.' Mot. for Partial Sum. J. Dismissing the Govt's Disgorgement Claims, at 7. Accordingly, CTR and TI argue that the Government cannot prove any likelihood of future violations by these two entities because they have ceased operations and have been dissolved. Id. at 14. CTR and TI also claim that they are entitled to summary judgment on all claims because the relief the Government seeks in this case would involve the Court disrupting New York's administrative efforts dismantling these two entities, in violation of the Burford abstention doctrine.
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We are recommending that the Secretary of Agriculture (1) develop guidance to implement the legislative restrictions on promoting the sale or export of tobacco or tobacco products that fully reflects FAS programs and activities and (2) review FAS’s ongoing activities to determine whether they are consistent with those restrictions. In commenting on a draft of this report (see app. III), USDA disagreed with our finding that the guidance of the State cable does not fully implement FAS’s tobacco-related prohibitions, but USDA noted that, in response to our recommendation, it will prepare separate guidance for FAS staff overseas and will cite any needed clarifications. USDA also disagreed with our recommendation that FAS assess its tobacco-related activities— specifically, the collection and dissemination of information on tobacco— to clarify whether these activities are consistent with FAS’s legislative restrictions on the promotion of tobacco exports. USDA stated that it does not consider these activities to be within the scope of its restrictions. However, USDA has not provided us with any documentation in support of this position. Because FAS’s mission is largely promotional, we maintain our recommendation that FAS review its ongoing activities and determine whether they are consistent with its restrictions.
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We are writing to call your attention to a new General Accounting Office (GAO) report and to previously unreleased e-mail communications that raise serious questions about tobacco activities at USDA. Since fiscal year 1994, Congress has prohibited USDA's Foreign Agricultural Service from spending any funds to "promote the sale or export of tobacco or tobacco products." The new information we have received leads us to conclude that USDA may have repeatedly violated this law. GAO found that the Foreign Agricultural Service has prepared numerous analyses of international markets that "can be useful to tobacco exporters." Among the examples cited by GAO are analyses that specifically address the potential market for younger smokers in developing nations for U.S. tobacco companies, such as an analysis showing that "[y]ounger Malaysians prefer to smoke American-blended cigarettes" and an analysis that "younger smokers" in South Korea "tend to be more-image conscious and less swayed by taxes applied on more expensive products." In addition, GAO found that Foreign Agricultural Service officials have participated in trade negotiations that led to the elimination of tobacco tariffs, such as the recent trade agreement with Chile. E-mail communications that we have obtained from the United States Trade Representative also show that a Foreign Agricultural Service analyst participated in trade talks with South Korea worth "over $100 million" to Philip Morris. These issues should be investigated fully. In the meantime, we urge you to suspend all analysis of international tobacco markets and end the participation of Foreign Agricultural Service staff in trade negotiations on tobacco.
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George Davey Smith Article Retraction
The May 26, 2003 article, "George Davey Smith and the Tobacco Industry" contained inaccuracies that may have misled readers into thinking that Prof. Smith had a financial relationship with the tobacco industry. In addition, Prof. Davey Smith has firmly stated that he has never received funds from the tobacco industry. For the first time in the 10-year history of the Tobacco BBS, I have had to pull an article. I deeply regret having posted it. I also deeply regret any distress this may have caused Prof. Davey Smith.
- 1,594 bytes. Gene Borio, Norbert Hirschhorn

Rendez-vous with . . . Jim Bergman, Co-Director of The Center for Social Gerontology
In 1992, I made a rather significant career change when I accepted the position as the first Executive Director of STAT (Stop Teenage Addiction to Tobacco), a national advocacy organization based in Springfield, Massachusetts. . . When I returned to the aging field, I couldn't leave behind my interest in tobacco control issues. I immediately asked what was going on in the area of tobacco and older persons; the answer, I discovered, was that virtually nothing was being done. Yet, it was older persons who were dying and suffering the debilitating diseases caused by tobacco use. Starting in 1995, we at TCSG began a determined effort to change this, including starting the National Center for Tobacco-Free Older Persons, creating a comprehensive web site on this topic at, and operating the Smoke-Free Environments Law Project (SFELP) in Michigan, which serves persons of all ages, but focuses special attention on secondhand smoke issues facing older persons.
- 12,925 bytes. Philippe Boucher

Rendez-vous with . . . Guillermo Martinez Gallon
Coordinator of the Educational programs for the League against Cancer in Colombia . . . I am in charge of teaching the volunteers and the young people about tobacco issues and cancer prevention. We develop education campaigns and materials for the schools. . . . the national corporation holds 55% of the market and the foreign companies (mostly BAT and Philip Morris) hold 45%. There is a lot of advertising and it is getting bigger with more promotions. The prices are very low: . . A law was passed in 1986 prohibiting the sales of cigarettes to minors but it is not enforced. Most of the cigarettes are sold by children! . . Kids are starting to smoke at a younger age (11), girls now smoke more than boys but the media are not interested. . . We have very little money for media campaigns and the same goes for the Health Department. . . We hope to receive more support from abroad, especially from the US to fight against Big Tobacco, against the multinationals and their globalization strategy.
- 3,063 bytes. Philippe Boucher

Rendez-vous with . . . Judith Mackay about the Tobacco Atlas
My name is Judith Longstaff Mackay. I have lived in Hong Kong since 1967, initially working as a hospital physician, then since 1984 concentrating on tobacco control. I am currently the Director of the Asian Consultancy on Tobacco Control, and Senior Policy Advisor to World Health Organisation on tobacco issues. . . it puts more than 20,000 statistics into lively and colourful graphics and maps, that I truly believe will reach a far greater number of people than those who would traditionally trawl through data tables or text.
- 6,792 bytes. 2002-12-20 Philippe Boucher

Rendez-vous with . . . Angela Pinoargote, about tobacco control in Ecuador
I work mostly with kids in schools in the Province of Manabi. We have just started a new campaign on the theme "Instead of smoking, feel yourself at life". . . A tobacco control Act was passed by Congress in 1998 but there is no enforcement. The government is too concerned about collecting tobacco taxes to enforce the law and about 6,000 people work for the tobacco companies. . . There is one national corporation but Philip Morris holds 80% of the market: they bought out local companies. They are also involved in growing tobacco and this development is detrimental because farmers will grow tobacco instead of food crops.
- 2,212 bytes. Philippe Boucher

Rendez-vous with . . . Philippe Boucher, about the book 'People and Issues in Tobacco Control: 124 cyber-interviews'
I started Rendez-vous in January 1999 with the support of UICC's Globalink because I thought cyber-interviews of tobacco control advocates would be interesting for the tobacco control community. I liked the concept of short interviews (6 questions and a self-introduction) that would -eventually- allow guests to expand about their personal stories, their personal interests. I hoped they would tell us more than what we could get from the mainstream media. I certainly did not plan at that time to ever pass the 100th mark but when I approached it I felt that collecting the rendez-vous and publishing them in a paper based book format would be a good idea. . . Thanks to the internet and a system called PayPal it is possible to order the book by sending me an email and paying me via this system that accepts credit cards while charging me a reasonable fee (3,4% for order within the US and 4,4% for orders outside the US). The book should also be soon registered on
- 9,825 bytes. Philippe Boucher

1998 Ron Tully letter on Document Destruction at TDC
In a letter to Reemtsma general counsel Dr. Marion Funck, Ron Tully, apparently in a war with TDC board members, discusses possible illegalities--including his own personal destruction of nearly 1 million documents--that TDC and INFOTAB engaged in under his watch as an executive.
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Rendez-vous with . . . Phillip Karugaba, Spokeperson for TEAN, The Environmental Action Network
I am the spokeperson for TEAN, The Environmental Action Network, a public interest group that was created in 2000 in Kampala. I am an attorney with an independent practice and a law professor at Makerere University in Kampala. TEAN uses media advocacy, public awareness and litigation to promote a clean and healthy environment. . . Q3. What about the lawsuit concerning ETS and smokefree public places? Philiip Karugaba: We filed it on May 31 2001 since the theme for the World No Tobacco Day that year was about ETS and smokefree public places. We asked the court to declare that ETS in pubic places was a violation of the right -protected by the Constitution- to live in a clean and healthy environment. We are still in court. The case was filed against the Government, the Attorney General and the Environmental Protection Agency. . . From the start the industry has tried to influence me: they have asked old friends of mine to contact me as go between toward a meeting: I have constantly refused and lost a few friends. BAT is a very powerful company in Uganda: they are the second-largest taxpayer . . . the tobacco industry remains very powerful with huge investments in the points of sale promotions that more than offset abandoning billboards advertising. Those promotions are certainly more effective. How to resist huge street concerts, beautiful young women lighting up cigarettes for you, distributing free items with each pack you buy. There is little organized support outside of TEAN. The Uganda Medical Association supports us
- 8,965 bytes. 2002-12-06 Philippe Boucher

Rendez-vous with . . . Mike Moore, Attorney General for the state of Mississipi
I have spent 25 years in the public service, 15 years as Attorney General for the state of Mississipi. . . You filed the initial lawsuit against Big Tobacco in 1994. How much of your time do you still devote to tobacco control? I have visited 33 states to spread the message, talking to legislators, public officials, doctors . . . It has been very frustrating and hurtful. You fight a huge case and you think you win. The proceeds of the victory are supposed to be spent on tobacco related diseases. . . I don't want the folks to lose hope. There was a huge expectation. Don't give up. This is an ongoing battle. Make it real, make it immediate, you can do something today. This is not a sprint, this is a marathon.
- 5,311 bytes. 2002-11-30 Philippe Boucher

Rendez-vous with . . . Eze Eluchie about tobacco control in Nigeria
Eze Eluchie: I am an attorney at law in Lagos, Nigeria. . . That's when we created PADDING (People Against Drug Dependence and Ignorance). . . We try to develop public awareness via interventions in schools. We insist on the importance of tobacco as a gateway drug. That approach did not please the industry, very powerful in Nigeria. . . That's why we pushed for a new comprehensive bill. We succeeded in having the House of Representatives pass the bill we had prepared but when it went to the Senate, it disappeared! The 7 committee members in charge of the bill in the Senate were invited by BAT (the main player in Nigeria) to visit England and the USA. All expenses paid. . . After this trip the bill was not to be seen again nor were we able to get a meeting with the senators. . . The mainstream media accept a lot of advertisng from the tobacco industry . . . Of course billboards are everywhere and cigarettes are very cheap, sold by the stick. One of BAT's most recent and successful promotion is named Experience Hollywood: they organize film showings and with your ticket you are given a pack of cigarettes. . . Attending the conference here brings me hope: we exchange informations with our friends in San Francisco and that is very valuable. We have started bulding a network with neighboring countries like Ghana, Zambia, whose legal system is very similar to ours.
- 5,098 bytes. Philippe Boucher

In the instant case, we conclude that Phase I of the trial should be conducted so as to determine defendants’ liability for establishing a court-supervised medical monitoring and/or cessation program. Such a trial will include the common issues of fault and causation, which can be tried on a class-wide basis . . . The matter is remanded to the trial court for further proceedings consistent with this opinion.
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Rendez-vous with . . . Philippe Boucher about the Tobacco Control Directory.
In November 2001 I wrote to the Robert Wood Johnson Foundation my conclusions and recommendations concerning the one year contract I had been awarded to write cyber-interviews and study tobacco control websites. I suggested it would be useful for the tobacco control community to have an on line directory where people and organizations active in the field would be listed so that one could easily figure out who is who and how to get in touch. . . I thought it would be useful to have something more direct, more specialized and selective to serve the tobacco control community. . . If lots of people register and accept to share info about what they are doing there will be plenty to learn from. . . I have listed almost 3000 individuals. . . My first goal is for the Tobacco Control Directory to provide the most basic information about the most of people and groups. Their name, electronic address, a simple description of what they are doing and whatever detailed information they want to share. . . Come and visit
- 5,624 bytes. Philippe Boucher

Smokefree For Health's Constitutional Amendment Petition for a statewide smoking ban to be placed in the state consitution.
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Rendez-vous with . . . Eric Helmuth, Editorial Director of Join Together Online Boston University School of Public Health Boston, Massachusetts
Join Together is a national resource center based at the Boston University School of Public Health; we're funded by the Robert Wood Johnson Foundation to support community-based efforts to reduce, prevent, and treat substance abuse across the nation. We don't focus exclusively on tobacco issues -- we also address excessive alcohol, illegal drugs and gun violence -- but most of those in our audience include tobacco in the range of work they do. Many work in tobacco control full-time. . . By the way, there is another significant chapter in my and Join Together's experience with tobacco control and cessation. QuitNet (, which has now spun off as a successful company providing online cessation services, began as a Join Together project, and I was involved in daily content and community management for several years. That work has had a lot to do with our commitment to continuing our tobacco news coverage. My specific role at Join Together is to oversee content development and management for our website and e-mail news service.
- 9,929 bytes. Philippe Boucher

Complaint brought by European Community against RJR over money-laundering/smuggling. 157. The RJR DEFENDANTS and their employees were central figures and aggressors in the fraudulent scheme. RJR personnel, including Richard Larocca, Tom Brock, Renato Meyer, Diego Luchessa, Oscar Ivanissevich, John Dyson, Sergio Rotati, Bill Ventura, Orlando Morales, and other RJR executives, performed their fraudulent and illegal acts on behalf of the RJR DEFENDANTS within the scope and course of their employment with RJR. The officers and directors of the RJR DEFENDANTS, including RJR Chairman Steven F. Goldstone, had knowledge of, or were willfully blind and recklessly indifferent toward, the unlawful activity.
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GLANTZ: How many nonsmokers does secondhand smoke kill?
Stan Glantz: 53,000 is based on the midpoints for heart disease (48,500) plus lung cancer (3,000) plus There has been a spate of confusion about the proper number for the deaths due to secondhand smoke. This message puts all the numbers that are floating around in context.   . . SIDS (2300 deaths), which adds up to 53,800. As the midpoint and including all the diseases with death estimates, it is the most meaningful estimate.
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Ethics vs. Activists: The Tobacco Experience
Presentation at the Canadian Club by Michel Poirier, Chairman, President & CEO JTI-MacDonald.
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WEINSTEIN: Expanded Simon II Certification Memo
Weinstein's arguments for certifying Simon II as a national class-action for all smokers
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Bullock v. Philip Morris: Bleakley Closing Arguments, October 2, 2002
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Philip Morris: Proposed General Verdict Form
Philip Morris' Proposed General Verdict Form
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Instructions to the Bullock Jury
Instructions to the Bullock jury.
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TI Analysis of 'Showdown on Smoking' Newsweek, June 6, 1983
This is a TI analysis of Newsweek's 4 page article on the nonsmokers' rights movement, which was published in the June 6, 1983 issue. The TI closely monitored this article and Newsweek staff for months. In apparent appeasement, Newsweek shortened the article, removed the item from Cover Story status, moved it to the back of the magazine and deleted 3 sidebars (one on health effects, one on political donations/industry lobbying, and one asserting a poor business prognosis). Despite these measures, the TI felt, "the article contains sufficient errors and indicatons of superficiality and poor research so as to leave an anti-smoking bias in readers' minds." Advertising income suffered dearly. Issues of Newsweek before after after the June 6 issue carried 7-10 pages of cigarette ads, but this issue carried none. Whether the ad removal was voluntary or not, we can probably accept White's estimate of a $1 Million revenue loss from publishing the article. Other magazines, before and since, suffered similar fates for publishing the wrong stories (most notably, Mother Jones, US News and World Report, Newsweek (again) (1994) and Time (1994). Authors of the Newsweek article were: "Lynn Langway with Gerald C. Lubenow and Pamela Abramson in San Francisco, John McCormick in Minnesota, Petere McAlevey in New York, Marsha Zaba(name illegible) in Boston, Mary Hager in Washington and bureau reports."
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