economic loss, and a profound burden on our national health care system. Defendants have known many of these facts for at least 50 years or more. Despite that knowledge, they have consistently, repeatedly, and with enormous skill and sophistication, denied these facts to the public, to the Government, and to the public health community. . . . in short, Defendants have marketed and sold their lethal product with zeal, with deception, with a single-minded focus on their financial success, and without regard for the human tragedy or social costs that success exacted.” The tobacco companies appealed Judge Kessler’s judgment to the U.S. Court of Appeals for the District of Columbia. A three-judge panel unanimously upheld Judge Kessler’s decision finding liability, as well as most of the remedies that she ordered. The appellate court also found that the First Amendment does not protect fraudulent statements, noting that defendants knew of the falsity at the time the statements were made and that those statements were made with an intent to deceive. The findings from Judge Kessler’s opinion have been used to support tobacco control efforts world-wide. They are findings of fact, supported by evidence, from a neutral judicial body, and as such, they carry significant weight. In fact, findings from Judge Kessler’s decision were adopted by the U.S. Congress in its findings in section 2 of the Family Smoking Prevention and Tobacco Control Act. This law was enacted in 2009, and it gave the Food and Drug Administration the power to regulate the tobacco industry. A signature element of the law imposes new warnings and labels on tobacco packaging and their advertisements, with the goal of discouraging minors and young adults from smoking. The Act places limits on the advertising of tobacco products to minors and requires companies to seek FDA approval for new tobacco products. Litigation and legislation are both effective means of addressing the way this industry conducts business. Climate Deception Litigation Evidence of global warming has been mounting for generations, and major fossil fuel companies have been aware of the underlying climate science for decades. Yet instead of taking action, these companies embarked on a series of campaigns to deliberately deceive the public about the reality of climate change and to block any actions that might curb global warming emissions—because it would affect their profits, their “bottom line.” In order to confuse the public and delay action, they elicited support from industry organizations in order to sow seeds of doubt and to suggest that there was no scientific consensus about global warming and what causes it, even though they knew this was false. Indeed, they had themselves conducted the research. The similarities in the behavior of the fossil fuel industry to that of the tobacco industry, are clear. Just as with the tobacco industry, recently uncovered documents support the determination that the fossil fuel industry deceived the public and investors about climate change. States and municipal governments have filed lawsuits against the fossil fuel industry, alleging that major corporate members of the fossil fuel industry have 6

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