WASHINGTON – Yesterday, NACS filed a reply brief in the case of U.S. v. Philip Morris in the U.S. District Court for the District of Columbia. The case is a long-running dispute between the Department of Justice and tobacco manufacturers, in which DOJ received a verdict in 2006 saying that the manufacturers misled the public about the harms posed by smoking. The Court in 2006 entered an order requiring manufacturers to inform the public about their transgressions. 

The order, however, included a requirement that retailers of cigarettes maintain large signs (18” x 30”) at their points of sale about the case. The signs not only would commandeer counter space that is normally used for selling products, but could be read by customers as statements that retailers misled them.

NACS opposed the order on appeal before the DC Circuit Court of Appeals and was successful in 2009. NACS filed a brief on June 4, opposing any requirements for retailers and DOJ and public health groups filed a brief supporting those requirements. 

DOJ has suggested that the court consider referring the issue to mediation in front of the Special Master whom the Judge has appointed in the case. While this may indicate some softening of the Department’s insistence on burdening retailers, NACS has told the court in its reply brief that mediation would be unworkable and retailers should not face any requirements.