WASHINGTON (CNN) -- U.S. District Judge Gladys
Kessler ruled Thursday that the tobacco industry engaged in
racketeering, finding in favor of the government in its lawsuit
against the tobacco industry in a 1,653-page ruling.
Kessler said the tobacco companies had engaged in
a decades-long conspiracy to hide the dangers of smoking, and
ordered them to take out newspaper ads detailing smoking's health
effects. The companies were also ordered to stop using such
descriptors as "low tar," "light," ultra light," "mild" or
"natural" that might imply it is not dangerous.
"We are pleased with the court's finding of
liability on the part of the defendants, but disappointed that the
court did not impose all of the remedies sought by the
government," the Justice Department said in a written statement.
"Nevertheless, we are hopeful that the remedies that were imposed
by the court can have a significant, positive impact on the health
of the American public."
"We're obviously very pleased with the reports of
the ruling," said Ed Sweda, of the Tobacco Products Liability
Project, an anti-tobacco group based at Northeastern University
School of Law in Boston.
"We'll be going through it with great interest."
Kessler found the conspiracy dates back to 1953,
when a group of tobacco companies met together at the Plaza Hotel
in New York City and devised a public relations plan to counter
health concerns associated with smoking.
Kessler said that, even after the 1964 Surgeon
General's report linking smoking to lung cancer, tobacco companies
continued "to falsely deny and distort the serious health effects
of smoking."
As late as last year, she wrote, the defendants
still did "not admit the serious effects of smoking which they
recognized internally decades ago."
Citing internal industry documents, Kessler said
the industry knew that nicotine is addictive, but publicly denied
it "and continue to do so."
In addition, she said, the defendants "concealed
and suppressed research data and other evidence that nicotine is
addictive."
She added that the companies "have falsely denied
that they can and do control the level of nicotine delivered in
order to create and sustain addiction" and worked on ensuing that
"all cigarettes delivered doses of nicotine adequate to create and
sustain addiction."
They did so, she wrote, by altering the chemical
form of nicotine delivered in smoke and by changing cigarette
filters' design and paper porosity and composition.
Kessler added that the government "has failed to
prove by a preponderance of the evidence that defendants
deliberately chose not to utilize or market feasible designs or
product features that could produce less hazardous cigarettes."
She did fault the industry, however, for marketing
to youth, concluding that "independent studies have found that
marketing is a substantial contributing factor to youth smoking
initiation."
Thought the industry has said that it does not
want children to smoke, Kessler said the companies tracked youth
behavior and preferences, thereby ensuring that "marketing and
promotion reaches youth."
In addition, she said, the companies still use
marketing themes intended to resonate among youths, advertise in
youth-oriented publications and continue price promotions that
lure them in.
The companies smoking prevention programs "are not
designed to effectively prevent youth smoking," she said.
Kessler also faulted the industry for denying
publicly that second-hand smoke is dangerous, citing internal
acknowledgments that that is the case.
The case dates back to 1999, when the Justice
Department under the Clinton administration accused the tobacco
industry of racketeering as part of a coordinated plan to deceive
the public about the negative health effects of smoking.
The Bush administration continued to press the
charges in the lawsuit, but rolled back the proposed remedies and
punishment for the alleged activity.
The industry is on record as denying wrongdoing,
and asserting their marketing has changed to further preclude any
chance of wrongdoing.