States v. Philip Morris, et al. Medicare Secondary Payer Act (MSP) - PDF document

9/11/18 EXH DDpPDDDD Te DODD DDD - % whe o Statement of Sharon Y. Eubanks The Republic of the Philippines Commission on Human Rights U.S. Federal Tobacco Litigation: United States v. Philip Morris, et al. States v. Philip Morris, et al. Medicare Secondary Payer Act (MSP) Medicare Reimbursement Act (MCRA} Racketeer Influenced and Corrupt Organizations Act (RICO)

9/11/18 Tobacco Litigation Waves 1950s: Product liability theories 1980s: Cipollone v. Ligget and failure to warn re addiction 1990s: State cost reimbursement iawsuits 1999 to present: U.S. DOJ RICO lawsuit Findings and Legai Conclusions Defendants jointly engaged in a massive public relations campaign to fraudulent deny and distort the health consequences of smoking and second hand smoke. Defendants actively concealed adverse scientific findings, entered into agreements not to conduct research, and used lawyers to control research so that it would serve the purposes of litigation and public relations. Defendants fraudulently concealed the addictive properties of nicotine. Defendant fraudulently claimed that filtered and tow tar cigarettes were a healthy alternative to quitting. Defendants marketed their products to youth. Defendants engaged in spoliation to conceal the true facts.

EX DOCODDO- >. 9/11/18 EDA v. Brown and Williamson Tobacco Corpo., 529 VU.S.120 (2000} Len: Reading the FDCA as a whole, as well as in conjunction with Congress subsequent tobacco-specific legislation, it is plain that Congress has not given the FDA the authority to regulate tobacco products as customarily marketed. Family Smoking Prevention ana Tobacco Control Act (June 22, 2009) The Act gives the Food and Drug Administration the power to regulate the tobacco industry. A signature element of the law imposes new warnings and labels on tobacco packaging and their advertisements, with the goal of discouraging minors and young adults from smoking. The Act also bans flavored cigarettes, places limits on the advertising of tobacco products to minors and requires tobacco companies to seek FDA approval for new tobacco products.

EXH OPDDDDD - 3 9/11/18 Climate Change Litigation State of Rhode Island v. Chevron Corp., et al. (2018) The lawsuit asserts tort claims, including strict liability failure to warn and public nuisance, as well as violations of state environmental protection statutes. 50 years of Fraud Tobacco and Fossil Fuel Industries misleading the public: Multifront efforts to conceal ana deny their own knowledge ¢ Promoting and profiting from sale and consumption of their dangerous products ¢ Threatening the wellbeing of humans

EX DDopppp-—4 9/11/18 For the complete story of U.S. v. Philip Morris