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
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