TOBACCO CONTROL LAWS

State of Illinois v. R.J. Reynolds Tobacco Co., et al.

In 1998, litigation brought by several states against various tobacco manufacturers was resolved by a master settlement agreement (MSA), which, in part, prohibited the use of cartoons in product promotions.  In 2007, a state government sought to enforce this provision of the MSA by filing contempt charges against a tobacco-manufacturer party to the MSA that was responsible for a "Camel Farm" music-themed promotional campaign, including a magazine advertisement containing editorial content created by the magazine that featured several illustrations.  The Court held that the magazine advertisement violated the MSA, finding that the images depicted unnatural abilities, underwent transformations, and were designed to appeal to youth.  However, the Court held that the video and website did not violate the MSA as the images portrayed lacked "comically exaggerated features."  Finally, the Court held that the editorial illustrations did not constitute a breach of the MSA as the tobacco manufacturer was not bound by a duty to prevent the use of cartoons by a third party.

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State of Illinois v. R.J. Reynolds Tobacco Co., et al., 951 N.E.2d 1225, Appellate Court of Illinois (2011).

  • United States
  • Jun 30, 2011
  • Appellate Court of Illinois, First District, Fourth Division

Parties

Plaintiff The People of the State of Illinois

Defendant

  • American Tobacco Company, Inc.
  • B.A.T. Industries, p.l.c.
  • British American Tobacco Company, LTD
  • Brown and Williamson Tobacco Corporation
  • Hill and Knowlton, Inc.
  • Liggett & Myers, Inc.
  • Lorillard Tobacco Company, Inc.
  • Philip Morris, Inc.
  • R.J. Reynolds Tobacco Company
  • The Council for Tobacco Research-U.S.A.
  • Tobacco Institute, Inc.
  • United States Tobacco Company

Legislation Cited

Master Settlement Agreement

Related Documents

None

Type of Litigation

Government Enforcement Action
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.

Tobacco Control Topics

Packaging and Labeling Measures
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Right to Freedom of Expression
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.
Industry-Perpetrated Fraud
The tobacco industry may have perpetrated a fraud upon the public or the courts by presenting false information or deliberately hiding known-facts.

Type of Tobacco Product

None

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