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Alcohol lawsuits target ads
Denver Post ^ | May 12, 2004 | Steve Raabe

Posted on 05/12/2004 12:59:38 AM PDT by sarcasm

A series of lawsuits alleging that alcohol companies deliberately market to minors could one day become a national legal landmark - but not unless a "smoking gun" is found to incriminate the companies, legal experts said.

The alcohol marketing suits were filed in Colorado; Washington, D.C.; and North Carolina against Bacardi, Heineken, Mike's Hard Lemonade Co. and a half-dozen other beverage companies, including Golden-based Adolph Coors Co. and its Zima unit.

Legal experts said similarities exist between the alcohol-marketing cases and the national tobacco litigation of the 1990s that culminated with a settlement payment by tobacco companies of more than $246 billion.

But the alcohol lawsuits as yet appear to lack the proof of dishonesty and deceptiveness that characterized accusations against cigarette makers.

"You need a smoking gun," said Sandra Shelson, special assistant attorney general in Mississippi, one of the most aggressive states in pursuing the tobacco litigation. "You need a whistle-blower, an inside person able to produce documents about the intent to mislead the public."

A proposed class-action lawsuit filed in December in Denver District Court alleges that the alcoholic beverage firms have created advertising campaigns intentionally targeting minors.

The suit lists Bacardi as one of the most notable marketers to underage drinkers. It alleges that on a website Bacardi advises visitors how to "avoid any dirty looks from mom as you reach for a Bacardi bottle at 8 a.m." while preparing a "breakfast with a bang" consisting of rum, grapefruit and sugar.

Bacardi and the other defendants have denied the allegations, setting the scene for what could be a lengthy and contentious courtroom debate.

Coors filed a motion last month to move the case to Jefferson County District Court. The motion is pending.

The American Medical Association has estimated that underage drinkers consume about 20 percent of all alcohol sold in the U.S., representing about $22.5 billion in annual sales.

The minimum legal drinking age is 21 years.

Attorneys said they'll seek class-action status, expanding the plaintiff class to any parents with minor children - or whose underage children have purchased alcohol.

Analysts said the litigation in some ways echoes the early legal attacks first brought against tobacco companies in the 1950s. Although initially unsuccessful, the suits multiplied and became more of a threat to the industry. In 1998, the tobacco industry agreed to pay state attorneys general more than $246 billion to settle the claims.

Steven Feder, a Denver-based attorney with Straus & Boies, which filed the alcohol suit in Colorado, said the suit and the tobacco litigation are similar in that both allege exploitation of American youth for profit.

"But one of the differences, in our opinion, is that the damages caused by alcohol far exceed tobacco in terms of money, death and impact to society," Feder said last week.

Part of the success of the tobacco litigation stemmed from documents and information produced through discovery that showed cigarette makers hid the addictive properties and health risks of tobacco.

But that type of damaging disclosure has not yet arisen in the alcohol advertising lawsuits.

"With the tobacco suit, you had an industry that basically stood up and lied," said Shelson of the Mississippi attorney general's office. "You had (tobacco) executives standing in front of Congress and saying it's not addictive. You had 'smoking gun' memos about marketing to kids."

No state attorney general's office has publicly disclosed any investigation of alcohol advertising to minors.

"My view is, show me the evidence," said Dave Horn, senior counsel in the Washington state attorney general's office, which also was aggressive in its pursuit of the tobacco industry. "Certainly we would watch with interest to see if it's something we would pursue."

A key difference in the alcohol and tobacco cases is that alcohol is less addictive to many people, said Dennis Eckhart, senior assistant attorney general in California and head of the office's tobacco litigation and enforcement section.

"Tobacco is a choice, initially, but once you have started, you can become addicted," Eckhart said. "With alcohol, there's an issue of choice, and the proportion of people becoming addicted is smaller."


TOPICS: News/Current Events
KEYWORDS: pufflist

1 posted on 05/12/2004 12:59:38 AM PDT by sarcasm
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To: sarcasm
I like this paragraph:

The suit lists Bacardi as one of the most notable marketers to underage drinkers. It alleges that on a website Bacardi advises visitors how to "avoid any dirty looks from mom as you reach for a Bacardi bottle at 8 a.m." while preparing a "breakfast with a bang" consisting of rum, grapefruit and sugar.

LOL... Hey, the above worked for me when I stayed with my parents for a few months after coming back from the USA... (except here, the legal drinking age is 18, and Bacardi is heinously expensive due to taxes.)
2 posted on 05/12/2004 1:11:23 AM PDT by KangarooJacqui (Australia.... halfway down the slippery slide to socialism - observe our deeds, and beware!)
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To: sarcasm
I'm all for reducing the size of government, but that doesn't include doing away with the BATF because trial lawyers have run the tobacco companies, gun manufacturers, and alcohol companies out of business.
3 posted on 05/12/2004 5:09:30 AM PDT by gieriscm (The AW ban sunsets on 09/13/2004)
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To: sarcasm; *puff_list; Just another Joe; SheLion; lockjaw02; Mears; metesky; Madame Dufarge
Can we get a great big collective I TOLD YOU SO here??????
4 posted on 05/12/2004 5:14:15 AM PDT by Gabz (Ted Kennedy's car has killed more people than second hand smoke.)
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To: Gabz
I wonder where Bahnzaf(sp?) and RWJ Foundation are in this?
5 posted on 05/12/2004 5:35:32 AM PDT by metesky (You will be diverse, just like us.)
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To: sarcasm
I guess the trial lawyers are running out of people and places to sue.
6 posted on 05/12/2004 5:40:51 AM PDT by Unicorn (Two many wimps around The democrats would rather win the WH then win the war-Tom Delay)
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To: metesky
It wouldn't surprise me that after enough digging we find that both are very heavily involved in this.

We already know that RWJF is very into the anti-alcohol movement and Banzhaf has publicly admitted that he will use the tactics he perfected against the tobacco companies against the fast food giats.
7 posted on 05/12/2004 5:41:19 AM PDT by Gabz (Ted Kennedy's car has killed more people than second hand smoke.)
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To: Gabz
Can we get a great big collective I TOLD YOU SO here??????

This is a "cookie cutter."  Just put the word tobacco where alcohol goes and it's the same old song and dance.


8 posted on 05/12/2004 6:18:37 AM PDT by SheLion (Please register to vote! We can't afford to be silent.)
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To: SheLion
You're right........and we all know who and what is behind it.

I remember a couple of years ago some blowhard anti-smoker giving me grief that I was a hypocrite with a do as I say not as I do attitude about smoking and children. When I asked her if she ever drank alcohol in front of her children or drove an automobile in the presence of children she claimed I was mixing apples and oranges.

I wasn't, she was. Smoking, like consuming alcohol or driving a vehicle are adult activities and not for children.

I for one am not going to blame the beer companies for underage drinking being caused by their advertising.......I blame the irresponsible adult who provided it to someone who should not legally have it.
9 posted on 05/12/2004 6:26:45 AM PDT by Gabz (Ted Kennedy's car has killed more people than second hand smoke.)
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To: sarcasm
"You need a smoking gun," said Sandra Shelson, special assistant attorney general in Mississippi, one of the most aggressive states in pursuing the tobacco litigation. "You need a whistle-blower, an inside person able to produce documents about the intent to mislead the public."

I get it. All you need to do is pretend that you're the star of 50 First Dates in front of the leftwing activist judge, and you get a slice of the multi-billion dollar pie.

"Well, gosh, no, your Honor - my clients were entirely unaware that alcohol is intoxicating, and can cause serious health problems and death, even though mankind has known these basic facts for thousands of years."

10 posted on 05/12/2004 6:45:51 AM PDT by an amused spectator (The SeeBS of 2004 would have revealed the precise date and location of the Normandy Invasion)
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To: sarcasm
More bull**** from the lawyers.
11 posted on 05/12/2004 9:28:41 AM PDT by Mears
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To: Gabz
The American Medical Association has estimated that underage drinkers consume about 20 percent of all alcohol sold in the U.S., representing about $22.5 billion in annual sales.

Where do they get these numbers?

Oh - WE TOLD YOU SO!

12 posted on 05/12/2004 11:50:49 AM PDT by Madame Dufarge
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To: sarcasm
"Tobacco is a choice, initially, but once you have started, you can become addicted," Eckhart said. "With alcohol, there's an issue of choice, and the proportion of people becoming addicted is smaller."

How the heck does this "expert" attorney know? It is all just another money grab.

13 posted on 05/13/2004 9:25:49 AM PDT by MissTargets
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To: Gabz
It took them almost 50 years, to get the tobacco companies. But once these greedy, (you insert your choice of words here) set their sites, there will be no stopping them.
14 posted on 05/13/2004 9:29:09 AM PDT by MissTargets
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To: Madame Dufarge
Where do they get these numbers?

From the same place I get my garden fertilizer.

15 posted on 05/13/2004 9:53:00 AM PDT by Gabz (Ted Kennedy's car has killed more people than my second hand smoke.)
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To: MissTargets
Let's see here........ Eckhart admits tobacco is a choice and also states it "can" become addictive - in other words, sometimes, not always. Then he goes on to say that the choice with alcohol is different?

I want some of whatever this dude is smoking or drinking.
16 posted on 05/13/2004 9:55:59 AM PDT by Gabz (Ted Kennedy's car has killed more people than my second hand smoke.)
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To: MissTargets
(you insert your choice of words here)

If I did, I would get banned from FR!!!!!!!

17 posted on 05/13/2004 9:56:56 AM PDT by Gabz (Ted Kennedy's car has killed more people than my second hand smoke.)
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