Tobacco industry tactics Tobacco industry tactics Tobacco industry tactics Tobacco industry tactics – – – Influence over policies Influence over policies Influence over policies Influence over policies – – –Use Use Use Use of litigation as a tool of litigation as a tool of litigation as a tool of litigation as a tool
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Tobacco industry tactics Tobacco industry tactics Tobacco industry tactics Tobacco industry tactics ––––Influence over policies Influence over policies Influence over policies Influence over policies ––––Use Use Use Use
of litigation as a toolof litigation as a toolof litigation as a toolof litigation as a tool
The GTC Case in CaliforniaThe GTC Case in CaliforniaThe GTC Case in CaliforniaThe GTC Case in CaliforniaTHEREFORE, default having been entered by the clerk against GTC, as requested by Plaintiff, JUDGMENT is accordingly entered in favor of the Plaintiff and against GTC with respect to all claims, AS FOLLOWS:
A. GTC shall, within fifteen (15) days of this Order, place into a Qualified Escrow Fund the following amounts as such amounts are adjusted for inflation as required by California Health and Safety Code section 104557(a)(2): Sales during the year 2002: (25,671,900 units x $0.0136125) plus 12.97355% for inflation for a total of $294,795.31. Sales during the year 2003: (34,374,640 units x, $0.0167539) plus 16.3627565% for inflation for a total of $670,133.61.
B. GTC shall, within fifteen (15) days of this Order, pay civil penalties in the amount of 300% of the escrow amounts improperly withheld, for a total of$3,192,986.76 for knowingly violating California Health and Safety Code section 104557(a)(2), (c), by failing to certify to the Attorney General for the State of California that it is in compliance with California's reserve fund statute and for knowingly failing to establish a qualified escrow fund as defined under California Health and Safety Code section 104556(1) and knowingly failing to deposit sufficient escrow funds into a qualified escrow fund as required under California Health and Safety Code section 104557.
C. Pursuant to Business and Professions Code section 17206, GTC shall, within fifteen (15) days from the date of this Order, pay a penalty of$2,500.00 for each violation of Business and Professions Code section 17200 alleged in the Third Cause of Action, for a total assessed penalty of $50,000 in addition to the penalty specified in Paragraph C of this judgment.
D. GTC shall, within fifteen (15) days from the date of this Order, shall appoint an agent for service of process in California (pursuant to Revenue & Taxation Code section 30165.1(f)(1) for enforcement of this judgment and order until this judgment is satisfied, the order is obeyed and the injunction is dissolved.
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The Civil Writ Petition in 2005 filed
in Punjab and Haryana High Court (India) resulted in one
of the tobacco companies dropping the name of its
cigarette brand for “Bravery Award”
ceremonies.
The cognizance by the court also saw initiation of policy shift on tobacco control in the
region.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
Present: Mr. Sandeep Sethi, Sr. Adv. with Mr. Pradyuman Dubey,Mr. C.M. Lal, Advocates for the petitioner, in WP(C) 18761/2005 and WP(C) 23716/2005.Mr. Arvind Datar, Sr. Adv. with Mr. Nikhil Nayyar, Mr. Ankit Singhal, Advocates for the petitioner in WP(C) 7410-11-2006.Mr. P.P. Malhotra, Additional Solicitor Generarl with Mr. Suresh Kait,Mr. Mukul Gupta, Advocates for Union of India.
WP(C) 18761/2005, WP(C) 23716/2005 and WP(C) 7410-11/2006
Since we have differed on the constitutional validity of the Rules of the Cigarettes and other Tobacco Products (Prohibition of advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Rules, 2004 as amended in 2005 framed under the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 vide our separate judgments delivered today on 7th February 2008, let this matter be placed before Hon'ble the Chief Justice, to nominate another learned Single Judge to resolve thedifference of opinion.
Interim order to continue until further orders.
A copy of the judgments be given dasti to the learned counsel for the parties, under the signatures of the Court Master.
MUKUL MUDGAL, J SANJIV KHANNA, J
February 07, 2008/dr
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