Federal Judge Orders BAT to Turn Over Memo in Racketeering Case

Newsday

A federal judge on Tuesday ordered a British tobacco company to immediately turn over a memo that the Justice Department wants to use as possible evidence in its $280 billion lawsuit against the cigarette industry.

British American Tobacco has fought efforts for two years to turn over the memo written by one of its lawyers, Andrew Foyle.

The document first came to the attention of Justice lawyers when it was mentioned in an Australian court opinion in March 2002. The memo allegedly describes efforts to hide the health dangers of cigarettes and touches on evidence destruction.

In seeking to keep the document out of the U.S. civil racketeering case, British American Tobacco, parent of Louisville, Ky.-based Brown & Williamson Tobacco Corp., claimed the document was not in its control. The company also argued it didn't have to produce documents pertaining to the manufacturing and marketing of products sold outside the United States.

U.S. District Judge Gladys Kessler rejected those arguments and accused the company of trying to "subvert the discovery process."

The Justice Department alleges tobacco companies deceived the public about the dangers of tobacco and the addictive nature of nicotine. The government also claims the companies targeted children through advertising and lied about it.

In addition to seeking the money, the government wants the judge to impose new restrictions on the industry, including banning vending machines, forbidding certain marketing terms and limiting in-store promotions.

The defendants are: British American Tobacco and Brown and Williamson; Philip Morris USA Inc. and its parent, Altria Group Inc.; R.J. Reynolds Tobacco Co.; Lorillard Tobacco Co.; Liggett Group Inc.; Counsel for Tobacco Research-U.S.A.; and The Tobacco Institute.

The trial is scheduled to begin Sept. 13 in the U.S. District Court for the District of Columbia.