Attorney General's News Release

May 12, 1997

Nixon sues tobacco companies

Jefferson City, Mo. — Attorney General Jay Nixon today filed a lawsuit against the nation's largest tobacco companies for alleged violations of state laws by illegally targeting Missouri children in their advertising campaigns and lying to Missouri citizens about the health effects of tobacco use and the addictiveness of nicotine.

Nixon filed the 170-page lawsuit in St. Louis City Circuit Court against the tobacco companies and against companies and associations which have coordinated public relations, advertising and lobbying work for the tobacco industry.

"Tobacco use is the most prevalent and preventable cause of premature death in this country," Nixon said. "By purposely misleading the public about the health risks of tobacco and implementing campaigns to addict young smokers during their vulnerable teen years, the companies have engaged in on-going violations of Missouri laws. The companies have shamelessly targeted our young people to create a 'replacement' market for the smokers who are dying at a rate of 1,200 a day."

The lawsuit alleges 12 causes of action against the companies, including:

• Violation of Missouri's Merchandising Practices Act by failing to disclose and misrepresenting material facts about the health risk of smoking and addictive nature of nicotine. "The fact that a product is likely to kill you is, in my opinion, a material fact that the companies knowingly omitted," Nixon said. "The information we now have available shows that the tobacco companies' own internal researchers knew of the health risks of tobacco as early as 1946. They have been doing a good job of hiding the dangers of their product for decades."
• Antitrust violations by the companies for conspiring to restrain and suppress research on the health effects of smoking, to not develop or market a "safer" cigarette and for creating the Tobacco Industry Research Committee, later known as the Council for Tobacco Research, for the purpose of disseminating false and misleading information regarding the health risks of cigarette smoking.
• Violation of consumer protection laws and public policy of the state by engaging in the unfair practice of marketing to minors. "The companies have publicly proclaimed they are against the use of tobacco by minors, but secretly they have launched a course of conduct designed to accomplish exactly the opposite result," Nixon said.

The lawsuit outlines marketing campaigns using the Marlboro Man and Joe Camel and the effect these and other campaigns have on the teenage market. "Despite the fact that it is illegal to sell to minors in Missouri, these companies studied how to attract minors and engaged in conduct to accomplish that goal," Nixon said. The lawsuit notes an R.J. Reynolds report related to teenage smokers, including an analysis of the company's share of the 14-17 year-old market.

Nixon said he is seeking civil penalties, damages, and reimbursement for the millions of dollars the state of Missouri spends annually for health costs attributable to tobacco. In addition, Nixon said the goal of his lawsuit is to protect Missouri children by eliminating tobacco marketing to children and reducing youth access to tobacco, and to require tobacco companies to provide full disclosure about the health effects of the product.

Defendants named in the lawsuit are: American Tobacco Company Inc.; American Brands Inc.; Brown and Williamson Tobacco Corp.; B.A.T. Industries, P.L.C.; Batus Holdings Inc.; British American Tobacco Holdings Ltd.; British American Tobacco Co. Ltd.; Liggett & Myers Inc.; Liggett Group Inc.; The Brooke Group Ltd; Lorillard Tobacco Co. Inc.; Lorillard Corp.; Loews Corp.; Philip Morris Inc.; Philip Morris Cos. Inc.; R.J. Reynolds Tobacco Co.; R.J.R. Nabisco Inc.; United States Tobacco Co.; the Council for Tobacco Research U.S.A. Inc.; The Tobacco Institute Inc.; Smokeless Tobacco Council Inc.; and Hill and Knowlton Inc.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818