24 juin 2009
Forward-looking remedy
The government urges that the corrective statements are a
forward-looking remedy authorized under section 1964(a)
because future advertising that “may not contain any statements
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which are themselves false or deceptive” nevertheless inevitably
builds upon Defendants’ previous false statements and, if
uncorrected, “continues the deception, albeit implicitly rather
than explicitly,” rendering those advertisements “part of the
continuing deception of the public.”
We do not doubt that
consumers may “continue to make purchasing decisions based
on the false belief” created by a manufacturer’s false advertising
even when that advertising ceases, but it is
less clear whether, and in what circumstances, continuing
consumer confusion created by uncorrected but truthful
advertising would amount to a knowing fraud. Authorizes only remedies that prevent and restrain future RICO
violations, not all future effects of past RICO violations, or all future unseemly
business practices.
09 juin 2009
Save money
02 juin 2009
Tobacco marketing industry
In the area of indirect marketing bans, only 75 countries, covering less than half the world’s population, ban free distribution of tobacco products. One of the least used measures is a prohibition on the use of brand extensions – tobacco brands on other products such as clothing.
Only one third of countries ban brand extensions. Only 59 countries, about one third of those reporting on this policy and covering only a third of the world’s population, prohibit retail price discounts; these are designed to lure young people, who are most sensitive to price, into becoming addicted. Much more remains to be done, but some countries show the way. Norway is in the fourth decade of its tobacco-advertising ban.
The tobacco industry and its allies fought this ban for years, making many false claims along the way, such as that the ban would hurt the country’s economy – a prediction that did not come true. The advertising ban appears to have helped decrease tobacco consumption, particularly among young people.112 Although many countries have implemented some restrictions on tobacco industry promotion, the restrictions are still incomplete in most of the world and, where present, are often poorly enforced. Expanding existing measures into comprehensive bans that prohibit all direct and indirect tobacco advertising, promotion and sponsorship should be the goal for every country’s leadership.