24 juin 2009
Campaign of deceptive marketing
A district court that finds a defendant civilly liable for
violating RICO has jurisdiction “to prevent and restrain
violations of RICO by issuing appropriate orders .” Congress limited relief under section 1964(a)
to forward-looking remedies aimed at preventing and restraining
future RICO violations.
Earlier in this litigation, we held that the statute
does not authorize disgorgement because it is “both aimed at and
measured by past conduct”: “[i]t is measured by the amount of
prior unlawful gains and is awarded without respect to whether
the defendant will act unlawfully in the future.”
Defendants argue that corrective statements are similarly
“focused on remedying the effects of past conduct,” id., because
they seek to correct Defendants’ campaign of deceptive
marketing.
09 juin 2009
Camel midnight
02 juin 2009
Legislation about tobacco advertising
Many countries have legislation banning tobacco advertising, promotion and sponsorship activities but do not enforce these laws consistently. Enforcement scores of 8 or higher (on a 0–10 scale) were reported by 30 of 58 countries with an expert assessment of enforcement for any form of direct advertising ban, and by 17 of 53 countries with an expert assessment of enforcement for any type of indirect promotional ban. Even when enforced, partial bans have limited impact, because tobacco companies simply reallocate spending to other marketing channels. If television advertising is banned, tobacco companies spend money on magazine and billboard advertising. If these forms of advertising are banned, the companies shift to event sponsorships, product discounts and giveaways.
Of the countries that provided data on direct marketing bans, two thirds ban tobacco advertising on local television. Although this is the most widespread of any restriction, one third of reporting countries still allow television advertisements – more than 40 years after they were first abolished by other countries.
Advertising in local magazines and on billboards has been prohibited in only slightly more than half of countries. Less than half of countries ban other advertising practices. Bans on advertising in tobacco retail outlets are in place in almost one third of countries. Internet advertising is rarely controlled; only 26 countries report prohibiting online advertising.