Foundation Continues Fight to Save Life-Saving truth® Youth Smoking Prevention Campaign
The latest development in the legal battle between the American Legacy Foundation® and Lorillard Tobacco Company took place on April 26, 2006, when the case was argued before the Delaware Supreme Court. Despite the foundation's legal victories in August 2005 and again in October 2005, Lorillard appealed its claim to the Delaware Supreme Court that the foundation's truth® campaign vilifies and personally attacks tobacco companies in violation of the Master Settlement Agreement (MSA). The foundation urged the court to affirm the decision of the Delaware Chancery Court which found that none of the foundation's ads violate the MSA. The foundation also appealed the lower court's decision to allow the foundation to be subject to suit under terms of the MSA.
The legal battle, which began in early 2002, results from Lorillard's threat to file suit against the foundation on the grounds that the truth® campaign constitutes vilification and personal attack of Lorillard. The foundation preemptively filed suit against Lorillard asking that the court rule that none of its ads violated the MSA and, in the alternative, that the foundation cannot be sued under the MSA since it is not a party to the agreement.
The Delaware Supreme Court's decision will determine whether the foundation will be permitted to continue truth®, and, if so, under what terms. truth® is the largest national youth tobacco prevention campaign and only national campaign not directed by the tobacco industry. truth®'s cutting-edge, in-your-face advertising, is designed to educate teens about the dangers of tobacco, and allows teens to make informed choices about tobacco use by giving them the facts about the industry and its products. Research has found the truth® campaign is effective in preventing youth from smoking. In fact, 22 percent of the overall decline in youth smoking during 2000-2002 is attributable directly to the truth® campaign, according to research published in the March 2005 issue of the American Journal of Public Health. The study, which was the first to evaluate the behavioral outcomes of the truth® campaign, found that in 2002 there were approximately 300,000 fewer youth smokers as a result of truth®.
