the empire strikes back
Originally written 03.13.2002
This press release came through my inbox today. It seems that the Lorrilard tobacco company is suing the American Legacy Foundation. The tobacco company alleges that the ALF’s Truth campaing engages in villification which violates a clause of the Master Settlement Agreement.
I guess this would happen sooner or later. I think it’s ridiculous. I think it’s great that their is a media campaign suggesting that maybe, just maybe, youth should be aware of how big tobacco is manipulating them and take action against this deception. I reckon people get nervous any time young people start gaining too much power. In the end, this development is somewhat positive because it suggests that the Truth campaign is making a big enough impact to seriously worry the tobacco companies. It’s stuff like this that makes me reconsider law school. Anyway, here’s the press release:
There has been a flurry of activity recently in connection with the
Lorillard Tobacco Company’s action against the truth campaign.Legacy learned on January 18 that the Lorillard Tobacco Company intended to initiate a proceeding against the foundation. The company alleged that Legacy had used funding provided through the Master Settlement Agreement (MSA) to conduct, according to Lorillard’s lawyers, “personal attacks” against or “vilification,” of the company or its employees through its truthsm youth-oriented advertising campaign.
Legacy condemned Lorillard’s attempt to undermine the acclaimed truth campaign, the largest advertising and grassroots effort ever launched to prevent youth smoking. Dr. Cheryl Healton, president and CEO of the foundation, called the attacks “outrageous” and “unwarranted.”
Healton said that “the truth campaign has not engaged in personal attacks or vilification of Lorillard or anyone else. Anyone who has seen truth ads knows they educate young people about the addictiveness, health effects, and social costs of tobacco, which is exactly what the MSA says they must do.” The truth campaign is also culturally and linguistically appropriate, as required by the MSA.
On February 13, Legacy filed suit in Delaware asking the court to find that Lorillard does not have the authority to sue the foundation for an alleged breach of the MSA or in the alternative to find that truth is in full compliance with the MSA and has not engaged in vilification or personal attacks.
“The truth campaign is saving America’s children from tobaco-related death and disease, and Legacy will not allow a tobacco company to silence it,” Healton said. “We are confident of our legal claims, and we are moving aggressively to protect truth. The issue is simple. Legacy and the truth campaign want to save lives. Lorillard wants to sell cigarettes. We think the American people agree with us that kids’ lives are more important.”
On February 19, Lorillard filed suit in North Carolina, alleging Legacy had violated the MSA and lodging new, previously undisclosed charges about the truth Web site, thetruth.com.
Healton said, “In its MSA suit, Lorillard contends that the truth
campaign violates a provision of the MSA that states that one of
Legacy’s funds, the National Public Education Fund, shall be used for
education about the harms of tobacco products and not for personal
attacks or vilification. In fact, the American Legacy Foundation and its
truth ads have not vilified or personally attacked any person or any
tobacco company. We have educated young people about the addictive and deadly consequences of tobacco use. And we will continue to do so.”“We will vigorously defend this lawsuit and pursue our efforts to assure that the truth campaign remains hard-hitting and effective in preventing young people from taking up the addictive and deadly habit of smoking,” Healton said.