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Congress could have used more expansive language to reach statements in onserts had it chosen to do so, but it chose only to preempt the requiring of alternative statements about smoking and health “on any cigarette package.” Moreover, the district court and the parties appear to have recognized the distinction between packages and onserts throughout the trial. 

The Defendant corporations documented the results of the studies regarding disease, nicotine addiction, and smoker compensation in numerous memoranda and reports; the evidence at trial, including internal corporate documents, demonstrated that the executives crafted their corporate priorities and strategies in response to these findings.
Defendants’ own documents also support the inference that Defendants’ executives were aware that their public relations strategy of creating the impression of an “open question” about the link between smoking and disease did not square with their own knowledge about the established link between the two. For example, William Kloepfer, Vice President of Public Relations for the Tobacco Institute, wrote to Earle Clements, President of the Tobacco Institute, admitting that “[o]ur basic position in the cigarette controversy is subject to the charge, and may be subject to a finding, that we are making false or misleading statements to promote the sale of cigarettes.”
Other documents demonstrate that Defendants’ top officials were directly informed of negative research results. For example, in 1977 Philip Morris Assistant General Counsel Alexander Holtzman sent a “warning” to the company’s President, Joseph Cullman, informing him that a research project jointly sponsored by a group of the Defendant companies had concluded that exposure to cigarette smoke causes emphysema.

The lack of funding for the global fight against the tobacco epidemic is indefensible. The 89 countries that provided estimated tobacco control budgets spend US$ 343 million per year – with 95% of this amount spent by high-income counties and nearly 90% spent by seven of these wealthy nations. In contrast, about 4% of the global total is spent by medium-income countries, and less than 1% is spent by low-income countries.
Tobacco tax revenues have significant potential to fund tobacco control activities, and the data demonstrate that there is considerable room for most countries to use currently available national resources to substantially increase tobacco control funding. A comparison of countries’ total tobacco tax revenues with their tobacco control expenses is revealing. Data compiled from 70 countries, covering two thirds of the world’s population, show that aggregate tobacco tax revenues in these countries are more than 500 times higher than expenses for tobacco control activities.