August 19, 2010 - HARRISBURG, PA. — A Pennsylvania appellate court is siding with R.J. Reynolds Tobacco Co. in a lawsuit over advertising that the company ran in Rolling Stone magazine in 2007. The state Commonwealth Court's Tuesday decision overturned a Philadelphia judge who ordered Reynolds to pay a $302,000 fine or pay for an anti-smoking ad in a Pennsylvania edition of the magazine.
At issue was a fold-out Camel ad promoting independent record labels that was placed next to illustrations produced by the magazine. The court concludes that the Reynolds ad contained no cartoons and Reynolds had no control over the placement of the magazine's illustrations.
In California on June 29, 2010 the Fourth District Court of Appeal ruled that same advertisement depicting flying radios with helicopter rotors, jet-propelled tractors and televisions growing from the ground on plant stalks violated a 1998 settlement barring the use of cartoons in cigarette advertising. (California - court of appeal rules against R.J. Reynolds for running ad in Rolling Stones Magazine in 2007..) For further Background Information on the cases regarding this same ad in other states click on the new brief tittle above.
A spokesman for Pennsylvania Attorney General Tom Corbett says his office is weighing whether to appeal.
DISAPPOINTMENT: Pennsylvania remains the only state in the nation without a tax on smokeless tobacco. It and Florida don't tax cigars.
Reference: R.J. Reynolds Tobacco Co. wins Pa. appeal in advertising case, Associated Press, 8/17/2010.
Directly related news briefs:
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Ohio - Supreme Court rules in favor of R.J. Reynolds in Rolling Stones magazine multi-page ad..;
Connecticut - settlement with R.J. Reynolds cartoon cigarette ads..;
Washington State - R.J. Reynolds found guilty of violating ban on cartoons..;
Pennsylvania - Judge rules Camel Ads Violated Ban On Cartoons..;
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