1984- United States vs. Philip Morris USA, Inc
"We find the defendent Philip Morris... guilty."
This was the ruling verdict that rang throughout the court halls and on televisions screens, the gavel of judgment delivering a double kneecapping over to the tobacco industry. This proclamation was the culimination of the Udall administration's involvement against the tobacco industry. However, this ordeal started decades earlier. Back in 1963, Udall attempted to get cigarettes (and other tobacco) regulated by the
Food and Drug Administration (FDA). This was years before the extent of damage tobacco and tobacco products did to the human body was really fully known.
[1]
As such, it would be little surprise that President Udall would pursue a similar line of action when he became president. However, 18 years have passed and with that, more knowledge, reasearch and information was known. With this new arsenal, President Udall and Vice President Askew began pushing harder for more regulation and examination, but as they pushed, so did Big Tobacco pushed back, resulting in a growing conflict. This conflict escalated thanks to the creation of the National Bureau of Healthcare, which would see themselves in conflict against the tobacco companies. As such, the Udall administration would begin more thorough examainations of the tobacco companies. It became increasing unclear that the companies engaged "in numerous acts of fraud to further a conspiracy to deceive the American public about nicotine addiction and the health effects of cigarettes and environmental tobacco smoke. "
[2]
All of which meant that they meant they were violating the
Racketeer Influenced and Corrupt Organization (RICO) Act.
[2]
As such, the Department of Justice ruthlessly began their investigation into it along with the prosecution preparing to present their case. With everything they gathered and found regarding the documentation, the information of the public and the interviews made with various people of interest, they and the Supreme Court would find that the evidence overwhelmingly established that the companies violated the RICO act. Specifcially, they stated:
"... By coordinating their public relations, research, and marketing efforts in order to advance their plan to defraud people by denying the adverse health effects of smoking, denying the addictiveness of nicotine, denying their manipulation of the nicotine content of cigarettes, and denying that their marketing targeted youth as new smokers. The companies also suppressed and destroyed information related to the dangers of smoking in order to maximize their profits and enhance the market for cigarettes..."[2]
Unsurprisingly, the news that the Udall administration would be going after the tobacco industry grabbed headlines and caused people to tune in. Initial reactions were surprise, especially on why President Udall would consider the action and others wondering if it was overblowing a big deal though others got drawn in for the conspiratorial manner everything was being spun in. However, as the prosectutors spelled out in detail the long and varied case of tobacco companies' extent of lying to their consumers and
knowingly them getting sick for the sake of profit... well, that led to a growing sense of public outrage. Even among those who were quite individualistic on the subject matter got upset due to the scale of the fraud. The closing statement became imbedded in the minds of many Americans and many people outside of the United States who were watching it due to the snowball effect it had:
"Tobacco companies marketed and sold their lethal product with enthusiasm, with deception and with a dogmatic focus on their financial success. All done without regard for the human tragedy or social costs that success exacted." [2]
However, the victory was relatively bittersweet; due to the wording and nature of the RICO Act which the tobacco industries were found guilty of violating, RICO permits only forward-looking remedies to prevent and restrain future violations. As such, tobacco companies could not be made to pay for their crimes such as through the funding of smoking cessation and awareness programs or other potential actions, at least under the RICO Act. The most that could be done were to force the companies on forcing the companies to be open and honest regarding what their products did or what was called the "prohibition of brand descriptors." This would not stop the Udall administration from trying to seek monetary compensation (calculated in the
billions) to fund smoking cessation and prevention programs though they would be able to assist people wanting to quit smoking through the NBH's assistance in that aspect.
The outcry at the lack of satisfactory catharsis at the ruling further fueled the fire among civilian and congressfolk alike for some sort of retribution. Across the United States, protests were held at local and state levels to penalize tobacco companies in some form or fashion. Some larger organizations even considered pooling their resurces together and investigate the possibility of sueing the tobacco companies in question through product liability law, which even some state governments were looking into. The pop culture sphere would shake from this as a growing number of the public would turn againt tobacco products. Quite surprisingly would be the younger generation though some scholars would point to factors such as the money spent sunk into tobacco products, the greater need of reform and the vigor associated with younger population and the need of catharsis as to why the brightbangers were affected. Pop culture would grow to reflect this as tobacco products were no longer romanticized in films or television, becoming items of scorn. Smokers themselves though were not villainized however and the ire aimed more at the companies. Indeed, more than a few specials were aimed for the dangers of smoking or going to tobacco rehabilition.
Meanwhile, some congressfolk began working on drafting a potential update or companion piece to the RICO Act to try and include disgorgement as a remedy for such issues, especially since this opened the case for other companies to be targeted for similar cases on perpetuating fruad against the government and or general public in the name of profit. President Udall himself announced to people that they are better to this and that the American people have the right to know of dangerous situations caused by products and or services provided. That much like his administration supported people in this, that will support people against other such dangers and to come forward with it.
This speech and the courtcase would be the spark for various other happenings across the nation, especially for individuals of a certain sector who would take their findings and present it to the government with the dire warnings it carried...
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[1]- Information and phrasing came from here:
https://en.wikipedia.org/wiki/Mo_Udall#Other_issues
[2]- Information and phrasing came from here:
https://en.wikipedia.org/wiki/United_States_v._Philip_Morris
To the people who know me... ya'll probably know where this is going at
some point...
As for a general question, could tobacco companies be sued through proudct liability law or any other in this timeframe? Not sure on legal rammifications or capabilities in that aspect.