Archive for the ‘Press release’ Category
PHAI’s Gottlieb and Wilking Co-author study in JAMA Pediatrics Showing that Fast Food Giants Confuse and Deceive Kids
Monday, March 31st, 2014
After much criticism and prodding, Fast food giants McDonald’s and Burger King agreed to depict healthier food options in advertising directed at children. Researchers at the Norris Cotton Cancer Center at Dartmouth-Hitchcock, along with the Public Health Advocacy Institute (PHAI) at Northeastern University School of Law, found that attempts to honor these pledges by depicting healthier kids’ meals frequently go unnoticed by children ages 3 to 7 years-old. In research published on March 31, 2014 in JAMA Pediatrics, these researchers found that one-half to one-third of children did not identify milk when shown McDonald’s and Burger King children’s advertising images depicting that product. Sliced apples in Burger King’s ads were identified as apples by only 10 percent of young viewers; instead most believed that the ads were depicting french fries.
Children in the study were confused by the images of food. One typical participant said, “And I see some…are those apples slices?”
The researcher replied, “I can’t tell you…you just have to say what you think they are.”
“I think they’re french fries,” the child responded.
“Burger King’s depiction of apple slices as ‘Fresh Apple Fries’ was misleading to children in the target age range,” said principal investigator James Sargent, MD, co-director Cancer Control Research Program at Norris Cotton Cancer Center. “The advertisement would be deceptive by industry standards, yet their self-regulation bodies took no action to address the misleading depiction.”
Mark Gottlieb, Executive Director of PHAI and an author of the study, observed that, “when young children believe they will be getting french fries with their meals because of deceptive or confusing advertising imagery, they may insist that the adult bringing them orders french fries instead of apple slices. Likewise, if advertising leads children to expect a sugary drink rather than milk, they may well end up getting the sugary drink. This has the effect of undermining the self-regulatory pledges that the companies made.”
Study author and PHAI Senior Staff Attorney Cara Wilking said she found it, “troubling that fast food giants would publicly make a self-regulatory pledge, fail to live up to the pledge, and receive no sanction from the relevant self-regulatory body. Such failures suggests that self-regulation is often more about public relations than about fulfilling the role of actual governmental regulation.”
Sargent and his colleagues studied fast food television ads aimed at children from July 2010 through June 2011. In this study researchers extracted “freeze frames” of Kids Meals shown in TV ads that appeared on Cartoon Network, Nickelodeon, and other children’s cable networks. Of the four healthy food depictions studied, only McDonald’s presentation of apple slices was recognized as an apple product by a large majority of the target audience, regardless of age. Researchers found that the other three presentations represented poor communication.
This study follows an earlier investigation conducted by Sargent and his colleagues, which found that McDonald’s and Burger King children’s advertising emphasized giveaways like toys or box office movie tie-ins to develop children’s brand awareness for fast food chains, despite self-imposed guidelines that discourage the practice.
While the Food and Drug Administration and the Federal Trade Commission play important regulatory roles in food labeling and marketing, the Better Business Bureau operates a self-regulatory system for children’s advertising. Two different programs offer guidelines to keep children’s advertising focused on the food, not toys, and, more specifically, on foods with nutritional value.
“The fast food industry spends somewhere between $100 to 200 million dollars a year on advertising to children, ads that aim to develop brand awareness and preferences in children who can’t even read or write, much less think critically about what is being presented.” said Sargent.
Bernhardt AM, Wilking C, Gottlieb M, Emond J, Sargent JD. Children’s Reaction to Depictions of Healthy Foods in Fast-Food Television Advertisements. JAMA Pediatr.2014;():. doi:10.1001/jamapediatrics.2014.140.
This study was funded by the Robert Wood Johnson Foundation’s Healthy Eating Research program.
Thursday, March 13th, 2014
On March 11, 2014, Richard Daynard, University Distinguished Professor of Law at Northeastern University and President of the Public Health Advocacy Institute, Dr. Tim Howard, President of Cambridge Graduate University and PHAI board member, along with former U.S. environmental litigation attorney Stanley Alpert, and James Haggerty filed a class action in US District Court in Brooklyn, NY against the United Nations. The lawsuit, Marie Laventure et al. v. United Nations et al., seeks to force the UN to take responsibility for the massive Haitian cholera contagion which has killed upwards of 9,000 Haitians and sickened hundreds of thousands, compensate victims, and bring critical sanitation to Haiti. The contagion has since spread to the Dominican Republic, Mexico, Cuba, Puerto Rico, and the United States, with at least three cases of cholera confirmed in New York City since 2010, and a sustained outbreak in Mexico.
Marie Laventure is one of 1,500 plaintiffs in the legal action. Laventure resides in Atlanta, is the sister of a Haitian US citizen of New York, and the oldest of 12 siblings: two residing in New York, one residing in Atlanta, and eight in Haiti. Some of her Haitian siblings are as young as ten years old. Marie and her family lost their father and stepmother to the UN Haiti cholera contagion outbreak. She and her US brother and sisters are sending money to help their young siblings survive.
An independent panel, appointed by U.N. Secretary-General Ban Ki-moon to study the epidemic that has killed more than 8,300 people and sickened more than 650,000, issued a report in 2011 that did not determine conclusively how the cholera was introduced to Haiti. However, the U.S. Centers for Disease Control and Prevention and others can prove that U.N. peacekeepers from Nepal were the source after they set up a camp near the Meille River, which was improperly handled by U.N. contractors who dumped infected waste into the water supply. Before this occurred, cholera was wholly absent from Haiti. The disease was endemic in Nepal and Nepalese soldiers were not screened before being sent to Haiti by the U.N.. Attorney Dr. Tim Howard stated, “The United Nations knew that disease, injury and death would result from a cholera contagion outbreak, and that conditions in Haiti were ripe for a cholera contagion outbreak if proper sanitation was not in place.”
The lawsuit asks the court to declare that the U.N. does not enjoy legal immunity from liability for the cholera outbreak, despite its humanitarian role in assisting Haiti. Among the documents referenced in the lawsuit is the United Nation s 2004 agreement with Haiti, which explicitly waived sovereign immunity, stating that “[t]hird-party claims for…personal injury, illness or death arising from or directly attributed to [the Stabilization Agreement] shall be settled by the United Nations…and the United Nations shall pay compensation . . .” Another document referenced in the lawsuit shows that the UN General Assembly expressly admits that international law requires the UN to pay compensation for damages caused through its operations. Attorney Stanley Alpert added, “Imagine if the UN had killed 9,000 in the heart of New York City or Paris. Would they cry ‘immunity’ then? The lack of regard for the value of Haitian lives is distressing and indefensible.”
On March 7, 2014, the U.S. Department of Justice supported the U.N. in a written court filing asserting that the United Nations’ mission to Haiti was “absolutely immune from legal process” in an earlier class action suit on behalf of the country’s cholera victims brought by the Institute for Justice and Democracy in Haiti last year.
The Haitian cholera contagion outbreak still kills approximately 1,000 Haitians each year and sickens many thousands more.
Public Health Advocacy Institute executive director Mark Gottlieb agreed that the United Nations needs to be held accountable for this public health crisis stating, “Cholera, previously unknown in Haiti, is a severe and devastating disease that, in this case, was entirely preventable. It is deeply disappointing and shocking that the United Nations’ actions caused so much suffering, illness and death in Haiti and beyond.
The complaint can be downloaded here.
50 Years after the Surgeon General’s Report (#SGR50): Conference to Show How to End Tobacco-caused Addiction, Death, and Disease
Friday, January 17th, 2014
Contact: Mark Gottlieb 617-373-20026
FOR IMMEDIATE RELEASE
Boston – The Surgeon General’s Report on Tobacco and Health released today demonstrates how far we have come in addressing the loss of health and loss of life caused by the use of the tobacco industry’s products. But after a half century, we still have tens of millions of Americans addicted to tobacco products that will cause the premature death of nearly half of them.
The time has come to aggressively deploy policies that will bring an end to the cycle of addiction, disease and death. In the Report, such policies are referred to as “endgame strategies.”
On September 19-20, 2014, the Public Health Advocacy Institute, in conjunction with the Tobacco Control Legal Consortium and Northeastern University School of Law will host a conference for advocates, health leaders and policymakers to do just that.
“50 Years After the Surgeon General’s Report: Accelerating Tobacco Endgame Strategies in the United States” will provide a blueprint to show what laws, regulations and policies can:
- Reduce smoking rates to near-zero
- Give consumers true freedom of choice by eliminating addiction from the equation
- Consign non-smoker exposure to tobacco smoke to the dustbin of history
- Finally complete the process that began with the 1964 Surgeon General’s Report on Smoking and Health
Speakers will include exceptional tobacco control researchers and policy leaders sharing both evidence-based best practices and bold new practices that comprise a true endgame for tobacco products.
Northeastern University Distinguished Professor of Law, Richard Daynard, a contributing editor to the Report who also serves as president of the Public Health Advocacy Institute said of the conference: “We have the legal and moral authority to make today’s generation of teenagers the first truly tobacco-free generation. There is no reason for them to ever be addicted to tobacco products much less struggle with cessation repeatedly, as so many do. “
This meeting, the first of its kind in the United States, will highlight federal, state and local actions that will lead to an end to tobacco-caused addiction, death and disease in this country.
Re-imagining tobacco control as a means to truly end a public health problem that still kills more than 400,000 Americans each year is the next chapter in the movement that began 50 years ago when Surgeon General Luther Terry released the first Report on Smoking and Health.
The conference will be held September 19-20 (Fri-Sat) at Northeastern University School of Law in Boston, MA. Details will be available soon at http://phaionline.org. If you would like to be notified when more information is available, please send an e-mail to email@example.com.
TPLP Applauds Surgeon General Report’s Focus on Tobacco Litigation (#SGR50); Massachusetts Seen as New Frontier
Friday, January 17th, 2014
FOR IMMEDIATE RELEASE
Contact: Mark Gottlieb (617-373-2026) or Edward L. Sweda, Jr. (617-373-8462)
Boston – The U.S. Surgeon General’s Report on Smoking and Health, which was released today at the White House, highlighted the importance of litigation against tobacco companies over the past 50 years in the United States. Thanks to a landmark 2013 ruling by the Massachusetts Supreme Judicial Court (SJC) in the case of Evans v. Lorillard Tobacco Co., the Bay State is poised to become the most attractive state in which to file product liability lawsuits against tobacco companies.
“The current state of the law in Massachusetts is that any cigarette that addicts or maintains the nicotine addiction of consumers is defective. This precedent in Evans will tremendously benefit smokers who are seeking legal redress against tobacco manufacturers in Massachusetts,” said Mark Gottlieb, Director of the Tobacco Products Liability Project (TPLP), a project of the Public Health Advocacy Institute, which is based at Northeastern University School of Law.
In the Evans case, a Suffolk County jury in 2010 awarded the son of Marie Evans, a woman who died of lung cancer in 2002 at the age of 54 after she had been given free packs of Newport cigarettes as a child at the Orchard Park Housing Project, $71 million in compensatory damages – a figure later reduced to $35 million. In June 2013, the SJC, while overturning an $81 million punitive damages award solely due to a flaw in jury instructions, upheld the compensatory damages award and ruled that it declines “to place addictive chemicals outside the reach of product liability and give them special protection akin to immunity based solely on the strength of their addictive qualities.” In October, Lorillard announced that it had settled the case for $79 million ($35 million plus accumulated interest) and dropped its threatened appeal to the U.S. Supreme Court.
“The SJC’s opinion in Evans now stands as a landmark precedent, binding in Massachusetts and potentially persuasive in any other jurisdiction in the country,” said Edward L. Sweda, Jr., TPLP’s Senior Attorney. “Anyone who developed a tobacco-related disease from smoking any cigarettes (other than “ultra low tar and nicotine” cigarettes) in Massachusetts can now recover their damages from the cigarette manufacturer,” Sweda added.
Massachusetts residents and their families who have suffered from a disease or death caused by smoking should contact TPLP.
PHAI’s Gottlieb Calls for No Tobacco Sales to Anyone Under Age 21 in New England Journal of Medicine
Wednesday, January 8th, 2014
In a “Perspective” article published today in the New England Journal of Medicine, the Executive Director of the Public Health Advocacy Institute at Northeastern University School of Law, Mark Gottlieb, urges adoption of the Tobacco 21 policy as a means to reduce smoking rates by getting tobacco out of high schools. The piece, entitled, “Tobacco 21 — An Idea Whose Time Has Come,” is co-authored with Dr. Jonathan P. Winickoff, a pediatrician at Massachusetts General Hospital and Harvard Professor of Law and Public Health, Michelle M. Mello.
“Tobacco 21″ is shorthand for a legal policy that prohibits the sale or furnishing of tobacco products to persons under the age of 21. The policy was adopted either as a regulation or ordinance in New York City, 7 Massachusetts towns, and the Big Island of Hawaii in 2013. It was pioneered in Needham, Massachusetts in 2005 where, over five years, the smoking rate among high school students has dropped at nearly three times the rate of its neighboring communities where tobacco was available to 18-20 year-olds. Because almost all cigarette smokers start prior to age 21 and quickly become addicted, there is good reason, supported by emerging neuroscience, that deferring access to tobacco products to an age where the brain is less susceptible to the addictive qualities of nicotine will significantly reduce smoking rates.
Co-author Mark Gottlieb said, “Tobacco 21 shows great promise to reduce tobacco use and can be adopted by any state and most cities and towns.” “There is no good reason why a product as addictive and deadly as cigarettes should be made available to teenagers when we know that delaying access will reduce the chance that today’s teens will die prematurely from a smoking-caused disease,” Gottlieb concluded.
The article can be freely downloaded at: http://www.nejm.org/doi/full/10.1056/NEJMp1314626?query=featured_home
Thursday, December 19th, 2013
December 19, 2013
The Public Health Advocacy Institute (PHAI) at Northeastern University School of Law, along with our partners at the Center for Digital Democracy and Berkeley Media Studies Group, today releases State Law Approaches to Address Digital Food Marketing to Youth. It is a first-of-its kind resource that provides an evidence base and action steps grounded in state law. State attorneys general and other stakeholders in children’s health and privacy can use it to put a stop to troubling digital marketing practices that deceive youth and their parents.
In addition to clear explanations of how digital marketing works and why it poses privacy and health risks to youth, key legal issues for state regulators are explored. These issues include personal jurisdiction over out-of-state food and beverage marketing and media companies; the interplay of federal and state laws regulating mobile marketing; and the application of state promotions laws to child consumers.
Key findings include:
- Research demonstrates that digital marketing is harder for children to identify than traditional television advertising, heightening the need for regulatory oversight.
- Nickelodeon, the biggest source of food ads seen by youth, has augmented its media empire through websites, mobile apps and programming that imports content from a popular YouTube channel. All of its digital platforms are ad-supported creating new opportunities for food and beverage companies to target youth.
- Digital campaigns are seamlessly woven into food packaging allowing marketers to target youth in supermarkets, convenience stores and fast food restaurants. Packaging often directs youth to digital marketing on mobile devices or online. State regulators have jurisdiction over unfair and deceptive marketing on food packages sold to consumers in their states.
- Mobile marketing elements are integrated into food and beverage campaigns. The legal landscape for state oversight of mobile marketing includes federal and state SPAM and telemarketing laws, and the emerging regulation of geolocation tactics.
- States are authorized to protect child privacy under federal law and have successfully done so, but teens are not covered by child privacy laws. State attorneys general can fill the teen privacy gap using their general consumer protection authority to ensure that company promises to protect privacy are honored and that teens are not duped into sharing personal information.
- Facebook remains the dominant social media platform for teens. Teens growing use of social media has resulted in them being less privacy savvy. Food companies exploit this by prompting teens to login to their websites and participate in promotions via Facebook thereby granting marketers access to vast amounts of personal information.
- Digital sweepstakes and contests are in widespread use by the food industry with children as young as 6 years old. Despite repeated enforcement actions by the Children’s Advertising Review Unit (a self-regulatory body); food companies continue to conduct digital promotions with children that exploit their inability to understand that a free means of entry exists or their odds of winning a prize. State attorney general action is needed to augment these self-regulatory efforts to protect children from predatory promotions.
Senior Staff Attorney, Cara Wilking, who was lead author of the report, noted that, “state attorneys general are in a unique position to leverage state law approaches to stop unfair, deceptive, or otherwise illegal digital marketing of unhealthy foods to our youngest and most vulnerable consumers.”
PHAI’s Executive Director, Mark Gottlieb, added, “there is a general failure to understand the disturbing marketing practices that are becoming commonplace in the digital marketing world. This report goes a long way toward closing the knowledge gap between those using powerful technology to sell junk to kids and those who have the responsibility to protect them.”
- Executive Summary
- Why Digital Marketing Is Different
- Packaging: Digital Marketing at the Moment of Truth
- Personal Jurisdiction
- Mobile Food & Beverage Marketing
- Facebook Advertising
- Incentives-Based Interactive Food & Beverage Marketing
- Appendix: State Law Profiles
Support for State Law Approaches to Address Digital Food Marketing to Youth was provided by the Robert Wood Johnson Foundations Healthy Eating Research Program (#69293).
PHAI researchers co-author article in AJPH describing how health advocates battling the food and beverage industry can learn by looking back at the smoking and health crisis of the late 1950s and early 60s
Thursday, November 14th, 2013
Richard Daynard, Lissy Friedman, and Mark Gottlieb have co-authored an article published today in the American Journal of Public Health, along with our research partners from Berkeley Media Studies Group (BMSG). The article is entitled: “Cigarettes Become a Dangerous Product: Tobacco in the Rearview Mirror, 1952–1965.”
BMSG’s press release appears below:
Nutrition advocates may be able to use lessons from tobacco control to help government move faster toward protecting the public from harmful food and beverage company products and marketing practices, say the authors of a new study published today by the American Journal of Public Health.
In a content analysis of public and internal documents, the authors, from Berkeley Media Studies Group and the Public Health Advocacy Institute at Northeastern University School of Law, examined national newspapers, tobacco industry documents and the Congressional Record and Congressional Index between 1952 and 1965 to learn how health harms from cigarettes were framed in the early days of anti-tobacco advocacy.
The study found that news coverage of tobacco focused primarily on its health harms — not who was responsible for addressing them. Much as nutrition advocates often see headlines today about sugary drinks, junk food or other products that fuel disease, pre-1965 conversations about cigarettes were typically disconnected from the industry that produced them.
As such, the personal responsibility rhetoric the tobacco industry became known for in the 1980s and beyond — rhetoric that food and beverage companies have borrowed and are using today to forestall government regulation and shift blame for their products’ health harms onto the consumers who buy them — was all but absent from both news coverage and industry documents. Instead, tobacco companies focused on raising doubts about cigarettes’ links to lung cancer. More than three-quarters of tobacco industry documents denied that cigarettes are harmful to health, with industry spokespeople claiming that the causes of cancer are complex and more research was needed. The industry also discussed cigarettes’ alleged benefits, such as a “feeling of well-being and refreshment.”
What little discussion there was of culpability identified both individuals and industry as sharing blame for the problem and, strikingly given today’s political discourse, called upon government to act.
“The backdrop for early tobacco control was wildly different from today’s political climate,” Lori Dorfman, the study’s lead author and director of the Berkeley Media Studies Group, said. “Profound distrust of the government has made it harder for public health advocates to make the case for protections from harmful products. In the 60s, a belief in government’s duty to act to protect public health was the norm.”
According to the study, government action was contested only in internal industry documents, not public discussion. News coverage and legislative documents questioned not whether the government should act, but how.
Nevertheless, once the dangers of cigarettes were established, actions were individually oriented and related mostly to providing consumers with more education and warnings about smoking’s health harms.
“We now take for granted how effective tobacco taxes and indoor smoking bans are,” study author and Public Health Advocacy Institute Director Mark Gottlieb said. “But moving tobacco control efforts from smoking cessation to industry regulation happened over the long haul.”
The study authors suggest that advocates now pushing for healthier food environments may be able to do the same, shifting attention from unhealthy foods and beverages to the companies that manufacture and market them. However, they will have to do so within a changed, and more challenging, political context.
Article abstract link: http://ajph.aphapublications.org/doi/abs/10.2105/AJPH.2013.301475
Ciation: Dorfman L, Cheyne A, Gottlieb MA, Mejia P, Nixon L, Friedman LC, Daynard RA. Am J Public Health. Published online ahead of print November 14, 2013. doi:10.2105/AJPH.2013.301475.
About Berkeley Media Studies Group
Berkeley Media Studies Group researches the way public health issues are characterized in the media and helps community groups, journalists and advocates use the media to advance healthy public policy. BMSG is a project of the Public Health Institute.
About Public Health Advocacy Institute
The Public Health Advocacy Institute (PHAI) is a legal research center focused on public health law at Northeastern University School of Law. PHAI’s goal is to support and enhance a commitment to public health in individuals and institutes who shape public policy through law. PHAI is committed to research in public health law, public health policy development; to legal technical assistance; and to collaborative work at the intersection of law and public health. Their current areas of work include tobacco control and childhood obesity.
Heather Gehlert, BMSG
(510) 704-3471, firstname.lastname@example.org
Historic $79 Million Cigarette Settlement Signifies Beginning of Wave of Tobacco Cases in Massachusetts
Wednesday, October 23rd, 2013
FOR IMMEDIATE RELEASE
CONTACT: Mark Gottlieb – 617-373-2026
Massachusetts is now the most favorable state in the country to bring a cigarette smoking personal injury case. A Massachusetts Tobacco Case Information Hotline has been established for victims of smoking and their families to learn more at: 888-991-8728 or here at www.MATobaccoCase.com.
Today’s announcement in Lorillard’s 8K SEC filing of a $79 million settlement for compensatory damages and interest and conclusion of Evans v. Lorillard Tobacco Co. marks the end of the first tobacco trial in Massachusetts since 1990. Much has changed since then.
In 1994, a torrent of extraordinarily damaging documents from the cigarette companies’ internal files laying out how the companies hid what they knew about the dangers of their products from customers and government became available to the public.
- Whistleblowers came forward offering their testimony of what they saw.
- Congress held embarrassing hearings where cigarette company CEOs blatantly lied under oath on national television.
- States sued cigarette manufacturers for billions of dollars lost treating sick smokers on Medicaid.
After years of constant litigation and public disclosure of the industry’s bad behavior, in 2006, a federal judge issued a scathing opinion detailing in 1,500 pages of factual findings the industry’s improper activities and finding them liable for racketeering.
These developments have transformed the tobacco litigation landscape. In Florida, under special rules subsequent to the dismissal of a class action, 71 out of 104 individual tobacco trials held over the past 4 years have resulted in verdicts for the plaintiff. But the most important state for tobacco litigation is not Florida. It’s Massachusetts.
Massachusetts, benefitting from the combination of two key rulings by the Supreme Judicial Court, is the best state in the nation for litigation against cigarette manufacturers.
In Haglund v. Philip Morris (847 N.E. 2d 315 (2006)), the Massachusetts Supreme Judicial Court unanimously rejected the tobacco industry’s blame-the-smoker-for-smoking defense. This is the only court opinion in the country that has squarely held that, as a matter of law – except in extremely rare and unlikely cases – the so-called “personal choice defense” is unavailable to the tobacco companies. The Court wrote that, “If Philip Morris chooses to market an inherently dangerous product, it is at the very least perverse to allow the company to escape liability by showing only that its product was used for its ordinary purpose.” The affirmative defense that the smoker’s behavior was unreasonable or should have known the risks is not available in Massachusetts.
In this past June’s Supreme Judicial Court ruling in the case announced as settled today, Evans v. Lorillard (465 Mass. 411 (2013)), the Court held that Lorillard breached the implied warranty of merchantability and that cigarettes that were addictive and caused disease were not fit to be sold in Massachusetts. This rendered virtually every cigarette sold here as defective. The Court reasoned, “We decline to place addictive chemicals outside the reach of product liability and give them special protection akin to immunity based solely on the strength of their addictive qualities. . . . Rather, we conclude . . . that a reasonable jury could find from the evidence presented that a low tar, low nicotine cigarette constituted a safer reasonable alternative to Lorillard’s Newport cigarettes.”
By “low tar, low nicotine cigarette,” the Court is not referring to brands that were deceptively marketed as “light cigarettes.” Rather it means cigarettes that do not addict and expose consumers to an array of carcinogens. While the cigarette companies could have sold such products, virtually no cigarettes sold in Massachusetts utilized such a reasonable alternative to the deadly and addictive products that have been so lucrative for Philip Morris, R.J. Reynolds, Lorillard, Brown and Williamson, American Tobacco Co., or Liggett for so long.
As the book closes on Evans v. Lorillard, a new era of tobacco litigation based in Massachusetts is about to begin. Individuals and family members of those who have suffered from a cigarette-caused illness such as lung cancer, COPD, Buerger’s disease or bladder cancer, to name a few, should contact the Massachusetts Tobacco Case Information Hotline at 888-991-8728 to learn more about their legal rights. They can also contact the Hotline via the web here.
Mark Gottlieb, Director of the Tobacco Products Liability Project at Northeastern University School of Law noted that, “The time for so many tobacco industry victims in Massachusetts to come forward to hold the industry responsible is finally here.”
Edward Sweda, Senior Attorney for the Project stated, “The state of the law in Massachusetts, as set forth by the Supreme Judicial Court, is that any cigarette that addicts or maintains the nicotine addiction of consumers is defective. This is great news for smokers who seek legal redress from the companies that put these defective products on the market. Conversely, it is disastrous news for the cigarette companies.”
The Tobacco Products Liability Project is a project of the Public Health Advocacy Institute.
US Supreme Court deals devastating blow to the cigarette industry and settlement value of nearly 8,000 pending Engle cases rises dramatically
Monday, October 7th, 2013
For seven years, cigarette companies have repeatedly claimed that the Florida Supreme Court’s decision in Engle v. Liggett, which relieved about 8,000 Florida cases of the need to prove general liability or that cigarette smoking causes disease, violated the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution. They repeatedly represented to industry analysts and shareholders that these key procedural advantages, which have helped plaintiffs in the trials held to date obtain verdicts against the cigarette manufacturers in two out of every three cases, ultimately would be wiped out as unconstitutional.
The original ruling was based on the long-established notion of res judicata, meaning that the matter had already been judged. The issues that the defendants wanted to re-litigate were already determined in a year-long class action trial in 1999.
Twice now, the cigarette companies have failed to get these important procedural advantages overturned by the U.S. Supreme Court and it appear that, for all intents and purposes, the industry’s uphill legal battle has just become considerably steeper in Florida.
Last November, the U.S. Supreme Court declined to review an appeal of another Engle progeny case, Clay v. RJ Reynolds Tobacco, which raised similar Due Process issues.
Today, about seven months after the Florida Supreme Court issued a decision upholding its 2006 Engle ruling in Philip Morris v. Douglas, the industry was again rebuffed by the nation’s highest court and may have exhausted ways of arguing that its Constitutional rights to due process have been denied in Florida.
Mark Gottlieb, Director of the Tobacco Products Liability Project at Northeastern University School of Law in Boston noted that, “the cigarette companies have two choices left in Florida: either spend the next century continuing to lose around 65-70% of its cases or working to fairly settle them and bring some closure to those 8,000 or so victims who have been waiting more than 15 years for their day in court.”
Tobacco Product Liability Project’s Senior Attorney, Ed Sweda, said,”the tobacco companies’ long-repeated claim that the procedure for trying Engle Progeny cases violates their Due Process rights is now legally dead. The rights of the victims of these companies have been vindicated.”
New study finds McDonald’s and Burger King responsible for 99% of fast-food television ads for kids, suggests industry’s efforts to self-regulate its marketing practices are ineffective
Wednesday, August 28th, 2013
Fast-food companies emphasize toy giveaways and movie tie-ins rather than food products when marketing to kids on television, which suggests that industry is not abiding by its self-regulatory pledges for child-directed marketing, according to a study co-authored by the Geisel School of Medicine at Dartmouth and the Public Health Advocacy Institute at Northeastern University School of Law. The study, “How Television Fast Food Marketing Aimed at Children Compares with Adult Advertisements,” is published in PLOS ONE and found that among ads for children’s meals, toy giveaways appeared in 69 percent of ads and movie tie-ins were used in 55 percent of ads.
“Fast-food companies use free toys and popular movies to appeal to kids and their ads are much more focused on promotions, brands, and logos—not on the food,” said James Sargent, Professor of Pediatrics at the Geisel School of Medicine at Dartmouth and the lead author of the study. “These are techniques that the companies’ own self-regulatory body calls potentially misleading and it’s a clear sign that they’re not living up to their pledges about marketing to kids.”
Sargent and his colleagues examined all nationally televised ads for children’s meals by leading fast-food restaurants for one year, from July 1, 2009 to June 30, 2010. They compared ads for kids with ads for adults from the same companies to assess whether self-regulatory pledges for food marketing to children had been implemented.
Key findings include:
- Nearly all (99%) of the ads that aired during the study period were attributable to McDonald’s (70%) and Burger King (29%).
- McDonald’s had the strongest emphasis on the children’s market, with 40% of its 44,062 ads aimed at kids, compared to 21% of 37,210 aired ads for Burger King.
- Seventy-nine percent of the fast-food ads aimed at kids aired on only four channels: Cartoon Network (32.3%), Nickelodeon (18.3%), Disney XD (16.2%), and Nicktoons (12.4%).
- Compared with fast food ads for adults, kids ads emphasized branding and the food images were smaller. For example:
- Images of food packaging were present in 88 percent of ads directed at kids and 23 percent of ads for adults.
- A street view of the restaurant appeared in 41 percent of ads directed at kids and 12 percent of ads for adults.
- Food images averaged 20 percent of the screen diagonal in kids’ ads, but 45 percent of the screen diagonal in adult ads.
Leaders of the food and beverage industry have publicly recognized the need to reform marketing practices targeting children. In 2006, the Council of Better Business Bureaus launched the Children’s Food and Beverage Advertising Initiative (CFBAI), a voluntary pledge by major U.S. food manufacturers to advertise only healthier products to young children. McDonald’s and Burger King participate in the CFBAI. Both companies also have pledged to abide by marketing guidelines set by the Children’s Advertising Review Unit, which include a provision stating that food—not toys or other promotions—should be the primary focus of ads directed at kids.
“This study adds to a growing body of research suggesting that there’s a big gap between what industry has promised and what they’re actually doing when it comes to marketing to kids,” said Cara Wilking, J.D. of the Public Advocacy Institute at Northeastern University School of Law. “There comes a point when intervention by a regulatory body like the Federal Trade Commission or state Attorneys General is needed to address self-regulatory failures. These findings suggest we’ve reached it with respect to fast food marketing to kids.”
A recent report by the Federal Trade Commission found that among all U.S. food and beverage companies, fast-food companies spent the most on marketing directed at youths ages 2 to 17—more than $714 million in 2009. The report also found that fast-food companies have dramatically increased their spending on television ads and new media targeting kids ages 2 to 11. Further analysis of that report shows while some fast-food restaurants slightly improved the nutritional quality of kids’ meals, the number of child-directed television ads for other higher-calorie meals and menu items more than doubled from 2006 to 2009.