United States v. Philip Morris USA Inc.

Thirteen years ago, the Government sued several tobacco companies for civil violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). The suit asserted that Defendants had conspired to deceive consumers about the health effects and addictiveness of smoking, seeking, among other things, injunctive relief. The district court granted injunctive relief against the tobacco companies to prevent future RICO violations. The injunction included provisions requiring Appellants to make disclosure to the Government of various marketing data. The parties were unable to agree on the parameters of the disclosure requirement. The district court determined (1) the companies were required to furnish the full range of disaggregated marketing data sought by the Government under its understanding of the injunction; and (2) the Government could disclose the data to other governmental entities subject to the confidentiality provisions in the final order. The tobacco companies sought an interlocutory appeal, claiming that the clarification of the injunction actually effected a modification of the requirements. The D.C. Circuit Court of appeals dismissed the appeal for lack of jurisdiction, concluding that the district court did not modify the injunction. View "United States v. Philip Morris USA Inc." on Justia Law