Tobacco industry litigation strategies to oppose tobacco control media campaigns

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Abstract
Objective:To document the tobacco industry’s litigation strategy to impede tobacco control media campaigns.Methods:Data were collected from news and reports, tobacco industry documents, and interviews with health advocates and media campaign staff.Results:RJ Reynolds and Lorillard attempted to halt California’s Media Campaign alleging that the campaign polluted jury pools and violated First Amendment rights because they were compelled to pay for anti-industry ads. The American Legacy Foundation was accused of violating the Master Settlement Agreement’s vilification clause because its ads attacked the tobacco industry. The tobacco companies lost these legal challenges.Conclusion:The tobacco industry has expanded its efforts to oppose tobacco control media campaigns through litigation strategies. While litigation is a part of tobacco industry business, it imposes a financial burden and impediment to media campaigns’ productivity. Tobacco control professionals need to anticipate these challenges and be prepared to defend against them.