In this decision of the Supreme Court of Delaware, Lorillard Tobacco challenged the advertising of the American Legacy Foundation as a violation of the 1998 Master Settlement Agreement (MSA) between 46 states Attorney Generals and the nation’s largest tobacco companies. The terms of the MSA created and funded Legacy to advocate against smoking and tobacco use, but also included limitations on how Legacy could advocate. One of the limitations was that Legacy could not participate in "vilification" or "personal attacks" of the tobacco companies or their executives. Among its advocacy efforts, Legacy developed an advertising campaign called “The Truth” (http://www.thetruth.com/) which created advertisements targeted at catching the attention of young people. Lorillard challenged the ads as a violation of the MSA, claiming they vilified and personally attacked the company and its employees. Agreeing with the Chancery Court, the Supreme Court held the advertisements did not meet the legal standard of vilification or personal attacks. While expressly excluding the dictionary citations offered by the parties, the Court looked at the use of the words in prior case law to determine their legal meaning. The Court found vilification to indicate strong negativity above disparagement and personal attacks to require specific individual targeting. Applying these definitions to the challenged advertisements the Court agreed with the summary judgment of the trial court and dismissed Lorillard’s contract claim.
The tobacco industry may attack an individual or organization in court. For example, a tobacco company may sue a tobacco control advocacy organization for defamation. Another example is a suit in which a tobacco company sought burdensome document production from a University under a freedom of information claim.
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.
A violation of the public’s right to information. The tobacco industry may claim that advertising, promotion or sponsorship, or packaging regulations limit the industry’s ability to communicate information to their customers and therefore infringes on the customer’s right to receive information, and to distinguish one product from another. Alternatively, public health advocates may claim that tobacco industry misinformation violates their right to accurate information or that government must be transparent in its dealings with the tobacco industry.
Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.
Public statements may be defamatory, because they falsely provide a negative image or harm the reputation of individuals, organizations, or corporations.
A discussion on whether the regulations impose an undue burden on the tobacco industry. This argument may involve the costs of implementing regulatory measures.
In this decision of the Supreme Court of Delaware, Lorillard Tobacco challenged the advertising of the American Legacy Foundation as a violation of the 1998 Master Settlement Agreement (MSA) between 46 states Attorney Generals and the nation’s largest tobacco companies. The terms of the MSA created and funded Legacy to advocate against smoking and tobacco use, but also included limitations on how Legacy could advocate. One of the limitations was that Legacy could not participate in "vilification" or "personal attacks" of the tobacco companies or their executives. Among its advocacy efforts, Legacy developed an advertising campaign called “The Truth” (http://www.thetruth.com/) which created advertisements targeted at catching the attention of young people. Lorillard challenged the ads as a violation of the MSA, claiming they vilified and personally attacked the company and its employees. Agreeing with the Chancery Court, the Supreme Court held the advertisements did not meet the legal standard of vilification or personal attacks. While expressly excluding the dictionary citations offered by the parties, the Court looked at the use of the words in prior case law to determine their legal meaning. The Court found vilification to indicate strong negativity above disparagement and personal attacks to require specific individual targeting. Applying these definitions to the challenged advertisements the Court agreed with the summary judgment of the trial court and dismissed Lorillard’s contract claim.