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Delaware Court Upholds "Truth" Anti-Smoking Campaign

July 21, 2006

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Leaders of the American Legacy Foundation are applauding the decision by the Delaware Supreme Court, which found that the foundation's youth smoking prevention advertising campaign, "truth," does not vilify or personally attack tobacco companies or their employees.

The decision comes on an appeal made by Lorillard Tobacco Company, after the Delaware Chancery Court found in favor of the foundation in August 2005.

The "truth" campaign, launched in by the anti-smoking group in February 2000, is the largest national youth smoking prevention campaign and the only national campaign not directed by the tobacco industry.

Legacy officials say it "exposes the tactics of the tobacco industry, the truth about addiction and the health effects and social consequences of smoking" – and that it lets teens make informed choices about tobacco use "by giving them the facts about the industry and its products."

Many of the campaign's ads are developed directly from actual tobacco industry documents for the purpose of providing teens with a window into cigarette advertising aimed at them. Lorillard did not contest the veracity of the ads as part of its appeal.

"Today's decision means that the life-saving 'truth' will continue to prevent youth from starting to smoke," said General William Sorrell, Attorney General of Vermont and the Chair of the American Legacy Foundation's board of directors. "The public health community and America's youth have told us 'truth' works, and today the Delaware Supreme Court has given us a green light to continue our efforts against the nation's number-one cause of preventable death," he added.

In its ruling, the Delaware Supreme Court reached the following conclusions:

• "ALF has designed the ads to inform its target audience of manipulative marketing techniques because published research has demonstrated that these types of messages are the most effective ones for discouraging the rebellious, anti-authoritarian segment of young people who otherwise are the most likely segment of the population to begin smoking."

• "We agree with Lorillard that the ads do refer to the tobacco companies or their executives and in one instance specifically to Lorillard. However, we conclude that Lorillard's appeal is without merit because the campaign's advertisements do not satisfy the plain meaning of 'vilification' or 'personal attacks'."

• "The advertisements are not insidious, disparaging, offensive, belligerent, nor fiercely or severely critical. Nor are they denouncements that are both unfounded and abusive or slanderous. The tone of the youth in the advertisements is usually expressly friendly or helpful, even if implicitly drawing attention to unflattering facts about past actions of tobacco companies or their employees. The youth's messages, and thus the advertisements themselves, do not qualify as personal attacks or vilifications."

The Court also stated that "Merely drawing attention to the past conduct of tobacco companies through innocuous and even helpful-sounding offers such as those heard in 'Shredder', 'Hypnosis', 'Lie Detector,' and 'Dog Walker', is not a personal attack or vilification prohibited by the (Master Settlement Agreement) MSA."

Despite restrictions in the MSA reached between attorneys general from 46 states, five US territories and the tobacco industry that prohibit it from marketing or promoting its products to youth, the tobacco industry relies heavily on the youth market for its future, life-long customers.

Statistics show that 80 percent of smokers try their first cigarette before the age of 18, and one-third to one-half go on to become regular smokers. Tobacco-related disease claims the lives of more than 400,000 Americans annually, making it the single largest cause of preventable death in the United States.

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