Brown & Williamson Tobacco Corp. v. Jacobson,

713 F.2d 262 (7th Cir. 1983)

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Nature of the Case

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Facts

Brown & Williamson (P) sued Jacobson (D) for airing a news story on his show about how the cigarette companies are going to the New York slicksters on Madison Avenue with a billion dollars per year for bigger and better ways to sell cigarettes by appealing to younger audiences and the free and easy hedonistic lifestyle approach of linkage to cigarette smoking. D then proceeded to quote information obtained regarding advice P was given to present smoking as an illicit pleasure falling into the same category as beer, wine sharing or wearing or not wearing a bra and not communicating health or health-related points about smoking. In 1975, an advertising agency had advised P to target their marketing for 'the young smoker.' P rejected the 'illicit pleasure strategy' proposed in the report, and fired the agency primarily because of displeasure with the proposed strategy. The Federal Trade Commission conducted an investigation of cigarette advertising, and in May 1981 it published a report of its staff on the investigation. The report discusses the original report that P rejected from its agency but stated that 'B&W adopted many of the ideas contained in this report in the development of a Viceroy advertising campaign.' Ds broadcast their expose of the FTC report but did talk to P and found out that P had rejected the original agency report. In their expose, D claimed that P were liars. D moved for a summary judgment, and the trial court granted it. P appealed.