Judge clips case against tobacco

The Washington Post

WASHINGTON — A federal judge on Thursday dismissed a large part of the Justice Department’s civil lawsuit against the tobacco industry, but cleared the way for the government to move forward with its claim that the industry violated federal racketeering laws by conspiring to mislead the public about the dangers of smoking.

U.S. District Judge Gladys Kessler ruled that the Justice Department could not seek to recover billions of dollars in smoking-related health care costs. But she said it could continue efforts to seize billions of dollars in tobacco profits under the racketeering statute.

"In sum, while the government’s theories of liability have been limited, the extent of defendant’s potential liability remains, in the estimation of both parties, in the billions of dollars," Kessler wrote in a 56-page ruling.

Tobacco industry officials had asked Kessler to throw out the entire case, saying it was built on flawed legal theories. They said Thursday that Kessler’s decision is a "step in the right direction" and predicted they ultimately will prevail.

The Justice Department said the preservation of the racketeering count means the government still will be able to attack the industry’s "fraudulent conduct."

Northeastern University law professor Richard Daynard, a longtime opponent of the tobacco industry who heads the Tobacco Products Liability Project, contended that Kessler actually did the government a favor by dismissing the shakiest elements of its case. "I’m delighted," Daynard said. "I think she made the case bulletproof."

Prodded by President Clinton, the Justice Department filed the lawsuit one year ago, naming nine tobacco companies and two industry groups as defendants. From the start, Attorney General Janet Reno and others said a primary goal was to recover billions of dollars spent to treat smoking-related diseases by the Medicare program and other government health plans covering veterans and federal employees. The other chief goal was to gain control of profits earned in what they contended was a 45-year conspiracy by the industry to cover up health risks and market its products to children.

Defendants in the case include: Philip Morris Inc.; Philip Morris Companies Inc.; R.J. Reynolds Tobacco Co.; Brown &amp Williamson Tobacco Corp.; Lorillard Tobacco Co.; American Tobacco Co.; British-American Tobacco Industries PLC; British-American Tobacco (Investments) Ltd.; the Council for Tobacco Research, and the Tobacco Institute Inc.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Customers enter and exit the Costco on Dec. 2, 2022, in Lake Stevens. (Olivia Vanni / The Herald)
Costco stores could be impacted by looming truck driver strike threat

Truck drivers who deliver groceries and produce to Costco warehouses… Continue reading

Two Washington State ferries pass along the route between Mukilteo and Clinton as scuba divers swim near the shore Sunday, Oct. 22, 2023, in Mukilteo, Washington. (Ryan Berry / The Herald)
Ferry system increases ridership by a half million in 2024

Edmonds-Kingston route remains second-busiest route in the system.

Jasmine Donahue talks about being a place for people leave messages when looking for family members, friends or loved ones on the street on Thursday, Jan. 9, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett extends deadline for homeless service facing closure

Hope ‘N Wellness must now comply with city zoning laws by April 30. The organization is “grateful,” its owner said, but still hopes for a permanent solution.

New Greater Everett Chamber of Commerce CEO CEO Wendy Poischbeg speaks at a kick off event on Wednesday, Jan. 15, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘Everett Rising’: Wednesday’s chamber luncheon to showcase a new era of growth.

The Greater Everett Chamber of Commerce is beginning its efforts… Continue reading

The Edmonds School District building on Friday, Feb. 14, 2025 in Lynnwood, Washington. (Olivia Vanni / The Herald)
Edmonds School District faces estimated $8.5 million deficit

The shortfall is lower than previous years, but the effects are “cumulative,” Superintendent Rebecca Miner said.

Robin Cain with 50 of her marathon medals hanging on a display board she made with her father on Thursday, Jan. 2, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Running a marathon is hard. She ran one in every state.

Robin Cain, of Lake Stevens, is one of only a few thousand people to ever achieve the feat.

People line up to grab food at the Everett Recovery Cafe on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Coffee, meals and compassion are free at the Everett Recovery Cafe

The free, membership-based day center offers free coffee and meals and more importantly, camaraderie and recovery support.

Hundreds rally against Trump on Presidents Day in Everett

People lined Broadway with signs and flags, similar to other protests across the country.

The Everett Wastewater Treatment Plant along the Snohomish River on Thursday, June 16, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Everett water, sewer rates could jump 43% by 2028

The rate hikes would pay for improvements to the city’s sewer infrastructure.

The bond funded new track and field at Northshore Middle School on Thursday, Oct. 24, 2024 in Bothell, Washington. (Courtesy of Northshore School District)
Northshore School District bond improvements underway

The $425 million bond is funding new track and field complexes, playgrounds and phase one of two school replacements.

Alina Langbehn, 6, center, and Vera A., 6, right, sit on a swing together at Drew Nielsen Neighborhood Park after school on Tuesday, Jan. 28, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett council votes to renovate Drew Nielsen Park

Construction on the $345,000 upgrade could start as early as this fall.

Northshore School District bus driver Stewart O’Leary pictured next to his buses shattered drivers side windshield on Friday, Feb. 14, 2025 in Bothell, Washington. (Olivia Vanni / The Herald)
‘Put me in, coach’: Bus driver back at work after struck by metal bar

Stewart O’Leary, a Northshore employee, has received national attention for his composure during a frightening bus trip.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.