Tue, Mar 23, 2004 - Page 6 News List

Cigarette makers face huge lawsuit

CONSPIRACY CLAIMS The US government is pursuing a US$280 billion civil case against tobacco companies under a 1970 law that was created to prosecute mobsters

AP , WASHINGTON

David Bernick, Brown and Williamson's lead lawyer in the case, said the government wants "to blink away the reality" of the state settlements' restrictions.

Federal lawyers say that limits in the state settlements are not enough.

They want the judge to impose new restrictions, including banning vending machines and forbidding marketing terms such as "light" and "low tar," labels that government lawyers say give smokers false impressions.

The government wants restrictions on in-store promotions. It also says the industry should have to pay for new efforts to help smokers quit.

Justice lawyers say the companies are repeatedly violating the master settlement with the states. They point to one case in which a California judge fined RJ Reynolds US$20 million for violating the agreement by targeting teens through magazine ads.

Philip Morris' Ohlemeyer says judgments like that should reassure critics that a check is in place.

Kessler has already thrown out several motions to dismiss the case, including one that relied on evidence that the government knew about tobacco's dangers but sold cigarettes at federal facilities anyway.

Tobacco executives and industry critics agree a trial is now inevitable.

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