In the United States, the tobacco industry is ordered to tell consumers the truth

After twenty years of litigation, a federal court ruling has forced tobacco companies to post notices on the windows of 200,000 retailers across the country detailing the harmful effects of tobacco.

“Smoking kills, on average, 1,200 Americans. Every day.” “Cigarette manufacturers intentionally designed cigarettes with enough nicotine to create and maintain addiction.”...These are the messages that will have to be posted on the windows of 200,000 tobacco retailers across the United States.[1]They will also have to be advertised online and in print, and have content on social networks.

This campaign, consisting of consumer information obligations, includes 17 inserts with different messages, distributed in two languages (English, Spanish) and in two character sizes.[2]It addresses the addictive nature of cigarettes as well as the consequences of active or passive smoking, the lack of benefits of so-called "light" cigarettes and the actions of the tobacco industry.

A decision resulting from legal proceedings against industrialists

The origins of this consumer information obligation campaign date back to September 22, 1999, when the Department of Justice sued nine cigarette manufacturers and two tobacco organizations[3]They were accused, among other things, of lying to consumers about the health consequences of smoking, the major addiction caused by nicotine, and the harmfulness of tobacco smoke. The manufacturers were also accused of concealing data and publishing false information, and also of targeting children. The aim of the lawsuit was to obtain financial compensation, estimated at US$289 billion, for all the health costs caused by smoking.

On August 17, 2006, Judge Gladys Kessler found the defendants guilty of conspiracy, violating the Racketeer Influenced and Corrupt Organizations (RICO) Act, and targeting children in their marketing. As a result, cigarette manufacturers were barred from using descriptors ("light"/"light", "mild"/"sweet", "low tar"/"reduced tar") to promote products presented as less harmful. They were also ordered to publish their internal documents and to finance campaigns “corrective communications” describing the proven harms of tobacco and the manipulations of manufacturers.

The long process of drafting “corrective declarations”

If the principle of corrective declarations (corrective statements) was confirmed in 2009, it was not until 2012 that Judge Kessler was able to issue wording that was suitable for all parties. From appeals to referrals of proceedings, it again took more than ten years to arrive at wording that was considered purely factual and that did not harm manufacturers. These messages will have to be displayed on the windows of tobacco retailers from September 25, 2023.

In her decision, Judge Kessler clarified that tobacco manufacturers had "abused the justice system to achieve their goal – to make money with little or no regard for the illness, suffering, and health care costs incurred."

Keywords: United States, Gladys Kessler, corrective statements, tobacco industry.

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[1] Big Tobacco Forced To Tell the Whole Truth to Shoppers, TSET, published September 19, 2023, accessed September 20, 2023.

[2] Philip Morris Point-of-Sale Images, Civil Division, US Department of Justice, accessed September 20, 2023.

[3] United States v. Philip Morris, Wikipedia, updated July 14, 2023, accessed September 20, 2023.