The U.S. District Court of New York has ruled that the government will need to prove at trial whether the tobacco industry intends to engage in “future misconduct” when it comes to the marketing and sales of their products.
Tobacco companies had asked the court to grant summary judgment because they claimed there is no evidence upon which the court could conclude that the defendants are likely to engage in future misconduct.
“The government is required to legally show that there is a likelihood that the companies would engage in future improper conduct. That is a burden the company believes the government cannot meet at trial,” said William S. Ohlemeyer, Philip Morris USA VP-associate general counsel, in a statement. “There is no question that tobacco companies have dramatically changed the way their products are marketed.”
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