Tobacco Public Policy Center Joins Brief in National Lawsuit Against Tobacco Industry

September 1, 2005

The Tobacco Public Policy Center at Capital University Law School recently joined an amicus curiae (friend of the court) brief in the U.S. Justice Department’s federal racketeering lawsuit against the tobacco industry.

The brief, filed on Wednesday in conjunction with 18 other tobacco policy and health-related groups, emphasized the need for effective remedies to prevent future wrongdoing by the tobacco companies.

The Justice Department’s lawsuit alleges a decades-long conspiracy by the tobacco industry to target underage smokers and conceal the health risks of smoking. The nine-month trial was held in Washington, D.C., and concluded in June.

The brief filed by the Tobacco Public Policy Center focuses on the remedies the judge should order if she concludes that the tobacco companies have violated the Racketeer Influenced and Corrupt Organizations Act. Among other remedies, the brief calls for:

• a prohibition on the collection of data about youth by tobacco companies and a ban on direct communication from tobacco companies to youth;
• a ban on all brand name sponsorship by tobacco companies;
• expanded disclosure requirements, including disclosure of tobacco industry marketing plans; and
• expansion of the industry’s duty to disseminate “corrective statements” to prevent future deception.

In addition to the center, the groups signing onto the brief were the American Medical Association, American Public Health Association, American Academy of Pediatrics, American Association of Public Health Physicians, American College of Chest Physicians, American College of Occupational and Environmental Medicine, American College of Physicians, American College of Preventive Medicine, American Dental Hygienists’ Association, American School Health Association, American Thoracic Society, Community Anti-Drug Coalitions of America, Legal Resource Center for Tobacco Regulation, Litigation and Advocacy at the University of Maryland School of Law, National Association of County and City Health Officials, National Association of Local Boards of Health, Tobacco Law Center, and the Tobacco Control Legal Consortium (of which the Tobacco Public Policy Center is a member).

About the Tobacco Public Policy Center
The Tobacco Public Policy Center at Capital University Law School is a new legal resource center for the Ohio tobacco control community and for government entities trying to reduce smoking and tobacco use in their communities. Established in February 2005, the center is funded by a generous four-year grant from the Ohio Tobacco Use Prevention and Control Foundation. With the assistance of Capital University Law School’s faculty, staff and student resources, the Tobacco Public Policy Center conducts policy research directed toward reducing tobacco use, protecting the public from secondhand smoke and preventing teenage smoking, and educates public-health organizations, community groups and legislators on legal policy matters that impact tobacco use and regulation.

About the Ohio Tobacco Use and Prevention Control Foundation (TUPCF)
The Ohio Tobacco Use Prevention and Control Foundation was created by the Ohio General Assembly in 2000 and is funded with monies secured from the national Master Settlement Agreement (MSA) between tobacco companies and 46 states. TUPCF is charged with reducing tobacco use among Ohioans, with an emphasis on youth, minority and regional populations, pregnant women and others who may be disproportionately affected by the use of tobacco. Following the Centers for Disease Control and Prevention (CDC) Best Practices, TUPCF programs range from the distribution of community grants and special focus initiatives to Ohio’s tobacco use counter-marketing campaign, stand, and the free Ohio Tobacco Quit Line (1-800-QUIT-NOW). For more information on TUPCF and its programs, go to standohio.org.

About Capital University and the Law School
Capital University Law School, founded in 1903, offers three degree programs – a Juris Doctor, LL.M. and a Master in Taxation Degree. The Law School houses national centers and institutes, including the National Center for Adoption Law and Policy and the Center for Dispute Resolution. In addition to enrolling nearly 1,000 students, Capital Law School also serves the legal profession and business professionals through certificate programs, such as the paralegal, legal nurse consultant and life-care planner programs, and a variety of scholarly symposia and conferences. Located in Columbus, Ohio, Capital University combines personal attention with a balanced liberal arts and professional studies education to prepare students for lifelong learning, leadership and service through six colleges: College of Arts and Sciences; Conservatory of Music; School of Education, Professional Studies and Social Work; School of Nursing; School of Management; and the Law School. Capital’s New Center in the Arena District of Downtown Columbus houses its MBA Program and offers a wide range of non-degree courses for professionals. Capital also serves its adult learners through the Centers for Lifelong Learning in Columbus, Dayton and Cleveland. Capital is the oldest and largest university affiliated with the Evangelical Lutheran Church in America.

For more information, please contact Micah Berman, executive director for the Tobacco Public Policy Center at Capital University Law School, at (614) 236-7314.