Manufacturing, marketing, promotion and health consequences

The two injunctions at issue sufficiently specify the activities enjoined as to provide Defendants with fair notice of the prohibited conduct. The district court did not abstractly enjoin Defendants from violating RICO or making false statements, but instead specified the matters about which Defendants are to avoid making false statements or committing racketeering acts: the manufacturing, marketing, promotion, health consequences, and sale of cigarettes, along with related issues that Defendants have reason to know are of concern to cigarette consumers.
This is not a generalized injunction to obey the law, especially when read in the context of the district court’s legal conclusions and 4,088 findings of fact about fraud in the manufacture, promotion, and sale of cigarettes. These injunctions may be broad, but breadth is warranted “to prevent further violations where a proclivity for unlawful 68 conduct has been shown.”
Defendants complain that the volume of findings in this case actually make understanding the injunctions more difficult and chill speech because some of the district court’s findings present “express prohibitions” whereas others, like the use of white filter paper for cigarettes, “simply reflect the district court’s disapproval” of aspects of Defendants’ business practices without finding the conduct fraudulent.
This objection answers itself, as the plain terms of the injunctions prohibit only conduct that would constitute a racketeering act or a “material false, misleading, or deceptive statement or representation,” not all activities the court mentioned in its findings.

Defendants liability

Defendants complain that the district court failed to identify the racketeering acts that support the finding of liability. While 27 it is true the district court’s opinion provided no single, discrete list of specific racketeering acts, the comprehensive findings— detailing over one-hundred racketeering acts—are sufficient to warrant affirmance.
Defendants raise numerous challenges to the correctness of the district court’s findings that they committed racketeering acts, which we take up in Parts III and IV. In this section, however, we are concerned only with the existence of these findings, not their validity. By statutory definition, any violation of the mail or wire fraud statutes can qualify as “racketeering activity.”
To prove a violation of the mail and wire fraud statutes, the government must show a scheme or artifice to defraud and a mailing or wire transmission in furtherance thereof. “Where one scheme involves several mailings, the law is settled that each mailing constitutes a violation of the statute.”
Where, as here, the mail and wire fraud statutes serve as the predicate offenses for a RICO violation, each racketeering act must be a mailing or wire transmission made in furtherance of a “scheme or artifice to defraud.” Thus, in order to identify the racketeering acts, the district court must first have found a scheme to defraud, then concluded the alleged mailings or wire transmissions were in furtherance of such scheme.

Kiss flavour

Few tobacco users get the help they need to quit

Many tobacco users want to quit to save their own lives and to protect the health of their families, but are unable to because of their addiction to nicotine. The vast majority of countries do not help tobacco users who want to quit. Currently, only nine of 173 Member State respondents offer the highest assessed level of support, which includes a full range of treatment and at least partial financial subsidies. These countries account for a mere 5% of the world’s population – meaning that the remaining 95% do not have access to treatment for tobacco dependence.

There is a wide range of effective cessation services, including brief routine advice from health-care workers, quit lines, and medications made available through retail stores if not provided directly by either health-care or public health programmes. Currently, 22 countries offer tobacco users no help at all in the form of basic services such as counselling or pharmacotherapy. It is impossible for people to obtain nicotine replacement therapy at all in 39 countries, even if they have the means to pay for it themselves. Quit lines are fairly inexpensive and within the means of many countries, yet only 44 countries, covering less than two fifths of the world’s population, provide them.