SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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THE STATE OF NEW YORK AND ANDREW M. CUOMO,
Attorney General of the State of New York, for and on
behalf of the PEOPLE OF THE STATE OF NEW YORK,
Plaintiffs, Affirmation
Index No.400361/97
-against-
PHILIP MORRIS INCORPORATED; PHILIP MORRIS
COMPANIES, INC.; RJR NABISCO, INC.; RJR
NABISCO HOLDINGS CORP.; R.J. REYNOLDS
TOBACCO CO.; THE AMERICAN TOBACCO CO.,
INC.; AMERICAN BRANDS, INC.; BROWN &
WILLIAMSON TOBACCO CORP.; LORILLARD
TOBACCO COMPANY; LORILLARD
INCORPORATED; LOEWS CORPORATION; UNITED
STATES TOBACCO COMPANY; US, INC.; B.A.T.
INDUSTRIES, P.L.C.; BRITISH AMERICAN TOBACCO
COMPANY, LTD.; BATUS HOLDINGS, INC.; THE
COUNCIL FOR TOBACCO RESEARCH - U.S.A., INC;
and TOBACCO INSTITUTE, INC.,
Defendants.
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Christine E. Morrison, an attorney duly admitted to practice law in the State of New
York, affirms the following under penalty of perjury pursuant to CPLR §2106:
1. I am an Assistant Attorney General in the Office of Andrew M. Cuomo, Attorney
General of the State of New York. I submit this affirmation, together with the accompanying
exhibits, in support of plaintiffs’ motion pursuant to Sections VII(A) and VI(B) and (D) of the
Consent Decree and Final Judgment in this action, dated December 23, 1998 (“Consent
Decree”), for an order against defendant R. J. Reynolds Tobacco Company (“Reynolds”) for
violations of the Consent Decree in connection with Reynolds’ “The Farm - Free Range Music”
marketing and promotional campaign for its Camel brand cigarettes. Specifically, plaintiffs seek
an order granting the following relief:
(a) directing Reynolds to comply with Sections VI(B) and (D) of the Consent Decree and
Final Judgment;
(b) permanently enjoining Reynolds from using, causing the use of or permitting third-
parties to use Cartoons in the advertising, promotion and marketing of its Camel brand in “The
Farm - Free Range Music” campaign through any media, including but not limited to direct mail,
events, Reynolds’ website, www.thefarmrocks.com and any other website within the State of
New York;
(c) directing Reynolds to take all necessary steps to ensure that any persons with whom it
has contractual obligations, including Rolling Stone magazine or its publisher, Wenner Media
LLC, its advertising agencies and any other third parties immediately cease using and/or
distributing any of the Cartoons at issue here to advertise, market or promote Reynolds’
cigarettes within the State of New York;
(d) directing Reynolds to collect and remove all remaining issues of the November 15,
2007 40th Anniversary edition of Rolling Stone magazine containing the prohibited
advertisements from all retail locations in New York and from any website accessible from New
York;
(e) permanently enjoining Reynolds from distributing The Farm - Free Range Music:
Fresh Picked Music, Volume I and II audio CDs and/or any other Brand Name Merchandise in
the State of New York;
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(f) directing Reynolds to pay a civil sanction to the State of New York in the amount of
$100 per violation; including but not limited to for each issue of the November 15, 2007 40th
Anniversary edition of Rolling Stone magazine sold within New York and each The Farm - Free
Range Music: Fresh Picked Music, Volume I and II audio CDs that were distributed within New
York, the final amount to be determined at a hearing, pursuant to Section VII(a) of the Consent
Decree;
(g) directing Reynolds to run one full page anti-smoking message, approved by the
Attorney General, in Rolling Stone magazine for each Camel “The Farm - Free Range Music”
advertisement that ran in the magazine in New York in 2007;
(h) directing Reynolds to pay the State of New York’s costs and attorneys’ fees pursuant
to Section VII(D) of the Consent Decree; and
(i) granting such other and further relief as the Court deems just and proper.
2. I also submit this affirmation in support of the Attorney General’s motion for an
Order for preliminary injunctive relief due to exigent circumstances. An event is scheduled to
take place on Thursday, December 6, 2007 at Studio B, 259 Banker Street, Brooklyn, NY,
promoting Camel’s The Farm: Free Range Music, Fresh Picked Music, Volume II CD. Thus, the
Attorney General seeks an order preliminarily enjoining Reynolds, pending entry of a final order
in this proceeding, from:
(a) using, causing the use of or permitting third-parties to use Cartoons in any of its
marketing, advertising or promotion of Camel’s “ The Farm - Free Range Music”, through any
media, including but not limited to direct mail, events or www.thefarmrocks.website or any other
website within the State of New York;
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(b) directing Reynolds to take all necessary steps to ensure that any persons with whom it
has contractual obligations, including Rolling Stone Magazine or its publisher, its advertising
agencies and any other third parties immediately cease using and/or distributing any of the
Cartoons at issue here to advertise, market or promote Reynolds’ cigarettes within the State of
New York;
(c) distributing The Farm - Free Range Music: Fresh Picked Music, Volume I and Volume
II audio CDs and/or any other Brand Name Merchandise in the State of New York, including at
Studio B 259 Banker Street, Brooklyn, New York on Thursday, December 6, 2007.
The MSA and the Consent Decree
3. In January, 1997, faced with alarming proof of an escalating trend toward
underage tobacco usage, the tobacco industry’s intentional targeting of minors through marketing
and promotional efforts designed to renew the pool of smokers, and proof that the tobacco
industry had concealed from the public evidence regarding the adverse health impacts of smoking
and the addictiveness of nicotine, the State commenced this historic lawsuit against five tobacco
manufacturers, including Reynolds. Through this landmark litigation, the State sought to redress
the tobacco companies’ illegal and deceptive marketing practices with respect to the promotion
and sale of their tobacco products, particularly to minors. At least 40 other states and state
attorneys general filed similar lawsuits against the tobacco companies.
4. One of the principal allegations in New York’s complaint related to Reynolds’ “Joe
Camel” advertising campaign that was launched in 1987 and ran for approximately 10 years. The
marketing and advertising for this promotion featured a camel as a character (Joe Camel) with
friends in a variety of situations that would appeal to younger audiences. In 1979, Reynolds
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estimated that the Camel brand had a market share of only 2.4% among 14-17 year olds.
However, one year into the “Joe Camel” campaign 8.1% of 12-18 year olds named Camel as their
brand of cigarette and this increased to 13.3 % by 1993.1
5. In November, 1998 the States, including New York, settled their lawsuits against
the tobacco industry by signing the Master Settlement Agreement (“MSA”) and stipulating to the
entry of a consent decree and final judgment in the respective states and territories. In New York,
the MSA was approved as part of the Consent Decree entered by the Court on December 23,
1998.
6. The States’ primary goals in the MSA include reducing youth smoking and
promoting public health. To accomplish these goals, the MSA and Consent Decree prohibit or
severely limit a variety of advertising and promotional practices that the manufacturers had been
engaging in to attract young smokers. One of the most significant elements of relief set out in the
MSA and Consent Decree was the outright ban on the use of Cartoons in the advertising,
marketing and promotion of tobacco products.
7. The bans on Cartoons and Brand Name Merchandise are uniquely broad within the
Consent Decree and MSA. Enforcement of these prohibitions is not conditioned upon proof of
intent or actual youth exposure. As recognized by several courts, the MSA’s restrictions are
designed to prohibit the “subtle yet ubiquitous marketing of tobacco products.” Ohio ex. Rel.
Petro v. R.J. Reynolds Tobacco Co., 820 N.E. 2d 910, 917 (Ohio 2004) (affirming trial court’s
holding that Reynolds, as the only MSA signatory which continued to distribute branded
1
Cohen, Joel B. “Playing to Win: Marketing and Public Policy at Odds over Joe Camel,”
Journal of Public Policy & Marketing, Vol. 19(2), Fall 2000, 155-167, at 165.
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matchbooks, violated the MSA’s prohibition on distributing branded merchandise, quoted in U.S.
v. Philip Morris USA, Inc., 449 F. Supp 2d 1 (DDC 2006), appeal pending. As will be
demonstrated below, through its marketing and promotional campaign “The Farm” for its Camel
brand cigarettes, Reynolds has blatantly violated and continues to violate provisions of the
Consent Decree which include the prohibitions on Cartoons (Consent Decree, § VI (B)) and
Brand Name Merchandise (Consent Decree, § VI (D)).
The Farm - Free Range Music Marketing and Promotional Campaign
8. Reynolds recently launched a new promotional and marketing campaign entitled
“The Farm - Free Range Music” to promote its Camel cigarette brand, including sending out
Free Range Music: Fresh Picked Music, Volume I. The mailing, delivered to customers in clear
shrink-wrapped plastic, included a CD, packaged to appear like a record player, and a 28-page
color booklet highlighting eleven independent music artists, including most prominently the band
Bayside. Photographs of the audio CD are annexed as Exhibit A. As illustrated in the photos, the
CD package includes numerous images that constitute Cartoons. The campaign also promotes an
associated website, www.thefarmrocks.com that lists events, featuring the musicians, at clubs in
several cities (including New York City, both Manhattan and Brooklyn clubs). The same colored
motif with Cartoons is used on the associated website (Exhibit B).
9. The next scheduled event in New York City will take place at Studio B, 259
Banker Street, Brooklyn, New York on December 6, 2007 at 9:30 P.M. and will feature El-P, an
acclaimed Hip-Hop artist, Home Video and Flying Lotus. The Fresh Picked Music Volume II CD
will be showcased at the event (Exhibit C).
10. In addition, the November 15, 2007 40th Anniversary Edition issue of Rolling
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Stone magazine includes a nine-page ad, appearing on pages 64 through 72, for R.J. Reynolds’
Camel “ The Farm - Free Range Music” campaign that includes Cartoons and also features a four-
page foldout Cartoon. A copy of the magazine distributed within the State of New York is
annexed as Exhibit D.
Violation against the Prohibition on the Use of Cartoons
11. Under the MSA, a Cartoon is defined as any drawing or other depiction of an
object, person, animal, creature or any similar caricature that satisfies any of the following
criteria:
(1) the use of comically exaggerated features;
(2) the attribution of human characteristics to animals, plants or other objects, or similar
use of anthropomorphic technique; or
(3) the attribution of unnatural or extrahuman abilities, such as imperviousness to pain or
injury, X-ray vision, tunneling at very high speeds or transformation. (MSA, § II(i)).
12. As part of the injunctive relief obtained by the States, each participating
manufacturer is permanently enjoined from “using or causing to be used within the State of New
York any Cartoon in the advertising, promoting, packaging or labeling of Tobacco Products.”
Consent Decree § VI(B). There are no exceptions to the ban on Cartoons.
13. The advertisement in question is a violation of § VI(B) of the Consent Decree,
the prohibition against the use of Cartoons. The first page of the advertisement is entitled “Camel
- Welcome to The Farm” with the logo and color scheme associated with “The Farm” marketing
campaign. It contains the “Surgeon General’s Warning: Quitting Smoking Now Greatly Reduces
Serious Risks To Your Health.” In addition, several comical images related to music and farming
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appear on the page, including a woman drawing doodles on a lined tablet and whose arm has a
tattoo of a winged, fire-breathing dragon, a butterfly inside the horn of a victrola and a blackbird
perched on the outstretched finger of a human hand pointing to the opposite page. The doodles
drawn by the woman are similar in style to the doodles on the next page and, therefore, connect
the imagery on both pages.
14. The page immediately opposite features an image of a college-ruled wire bound
notebook similar to those carried by high school students with the title “Indie Rock Universe;”
doodles of a flaming guitar, spaceships and other images that a student might draw; and the
phrase, “an alternate dimension where everyone wears Black Converse.” The bottom of the page
reads “Special Foldout Inside>>>,” directing the reader to turn to the next page.
15. Turning the page reveals a two-page spread announcing “Camel - The Farm, Free
Range Music” as a “collaboration between Camel and independent artists and record labels.”
Another “Surgeon General’s Warning: Quitting Smoking Now Greatly Reduces Serious Risks to
Your Health” appears as well. Both pages contain humorous and far-fetched images, again tied to
music and farming, such as an old fashioned radio flying with a propeller, a human hand that
floats out of a framed picture of clouds clutched in the claws of a flying eagle and a woman
driving a tractor while a disproportionately large rooster rides it. A woman with unnaturally red
hair points her finger and directs the reader to the enclosed “Indie Rock Universe” poster.
16. Following this direction, the two pages fold out to reveal a four-page cartoon with
colorful drawings of animals, monsters and images from outer space and the names of numerous
independent bands and musicians. The bands are grouped under catchy phrases and outlandish
cartoon images. At least eight of the bands listed on the four-page foldout are bands on
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www.thefarmrocks.com website that is part of Reynolds’ promotional campaign: “Le Tigre;”
“Ted Leo;” “Celebration;” “DJ Mehdi;” “Sea Wolf;” “Deerhoof;” “Justice;” and “CSS.”
17. The nine-page spread ends with another Camel advertisement that states: “Camel
The Farm - Free Range Music - For the best sounds, visit www.thefarmrocks.com .” Again, the
logos, whimsical images and color scheme used throughout the promotional campaign are
included in this advertisement. The last Surgeon General Warning also appears on this final page.
18. The four-page fold out is inextricably related to the music groups sponsored by
Reynolds and the Camel cigarette advertisements. The cartoons depicted in the four-page fold out
in Rolling Stone magazine are “wrapped” within the Reynolds advertisement for Camel
cigarettes. As a result, the Reynolds’ Camel advertisement and the placement of the foldout
constitutes a continuous advertisement with the same theme, namely, independent music and
bands. The drawings and illustrations depict people and objects with comically exaggerated
features; objects and creatures with human characteristics; and animals, objects and people with
unnatural or extrahuman abilities. These drawings and illustrations constitute a Cartoon as
defined in the MSA.
19. Reynolds may argue that the cartoons in the fold-out section were not drawn or
requested to be drawn by Reynolds and are, therefore, part of the editorial content of the
November 15, 2007 edition of Rolling Stone magazine. This argument is without merit because
the MSA and Consent Decree specifically prohibit the use of any cartoon to promote or advertise
tobacco products. Reynolds’ claim that it was “unaware” of the cartoons at issue and only knew
that the content of the foldout related to “indie rock” music amounts to willful ignorance that is
inconsistent with the meaning and purpose of the MSA and Consent Decree. Furthermore, the
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pages of the advertisement explicitly promoting Camel brand cigarettes, contain numerous
cartoons as well.
20. When the California Court of Appeal upheld the lower court’s finding that
Reynolds violated the MSA’s youth targeting prohibition through its print advertising, it noted
that Reynolds’ prohibited conduct included “simply choosing to ignore” the substantial certainty
of exposing youth to its advertisements and it “‘appears likely [Reynolds] studiously avoided
analyzing’ the reach and frequency of its target group of youth age 12 to 17....because Reynolds
knew the likely result of such analysis.’” Lockyer v. R.J. Reynolds Tobacco Company, 116 Cal.
App. 4th 1253, 1287, 1288 (2004). Here, just as in the California case, Reynolds cannot escape
liability for violating the MSA or Consent Decree by “simply choosing to ignore” or “studiously
avoid[ing]” knowledge of whatever Rolling Stone intended to attach to and incorporate with the
Reynolds’ advertisement.
21. Reynolds may also claim that the Camel advertisements are “wrapped around” the
editorial content produced and distributed by third parties, in this instance, the Rolling Stone
editorial staff and the publisher, neither of which are bound by the MSA and Consent Decree.
However, the MSA and Consent Decree prohibit Reynolds not only from using any Cartoon but
also from causing to be used any Cartoon in its advertisement and promotion. Moreover, Section
III (i) of the MSA specifically prohibits tobacco manufacturers from permitting third parties “to
use or advertise ... any brand name in a manner prohibited by this agreement if done by such
participating manufacturer itself.” Consequently, Reynolds has an affirmative obligation to
ensure that its advertisements are carried out in a manner consistent with the MSA and Consent
Decree.
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22. Reynolds has created a website for its “The Farm” promotion, which is located at
www.thefarmrocks.com . Upon registration with the website and logging in, a user finds various
pages within the website that list, inter alia, independent music labels, artists, and upcoming and
past events. At least eight of the artists listed in upcoming or past events spread over five cities –
Austin, Chicago, Los Angeles, New York City, and Seattle – appear in the Editorial Poster: “Le
Tigre”; “Ted Leo”; “Celebration”; “DJ Mehdi”; “Sea Wolf”; “Deerhoof”; “Justice”; and “CSS.”
Scattered throughout all the pages of the website are fantastic and farm-themed images similar or
identical to those in the Rolling Stone Magazine advertisements, including a man’s tinted head in
mid-shout; tinted flowers; a tractor with two jet engines attached; feathers; an upside-down
antique television with rabbit-ear antennae that is made to look like an antique Polaroid camera;
butterflies; a duck standing on flowers with a small bird perched on its head; a heart shape; a
victrola emanating paisley-like wisps; a blindfolded, tinted man with an eagle perched on his arm
and a bird on his shoe; an antique television with a bird standing next to it; and another tractor
with film reels in place of wheels (Exhibit E). These whimsical images fall within the definition
of Cartoons under the MSA and are in violation of § VI(B) of the Consent Decree.
23. A number of the Cartoon images used by Reynolds in the November 15, 2007 40th
Anniversary Edition of Rolling Stone magazine are also used on the CD promotional mailing,
including the flying radio with the propeller and the winged fire-breathing dragon tattoo on the
woman’s arm. A few additional images appear on the CD package, including a Cartoon dialogue
“bubble” with musical notes (on both the outside cover of the outer box of the package as well as
on two of pages of the CD jacket insert). Hence, Reynolds’ distribution of the CD packages
should be found to violate the prohibitions against the use of Cartoons.
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24. Reynolds sponsors various independent musicians and groups and events as part
of its “The Farm - Free Range Music” campaign. At some of the events, cartoon images are
displayed during the event and throughout the room. For example, at a recent Illinois event, many
of “The Farm” images were displayed on the walls and moved as though animated. See, Affidavit
of Jay Monteverde annexed as Exhibit F. The camel, the hen and the hands were shown with an
electrical current crackling between two index fingers. There have been several events held in
New York City and the next scheduled event is at Studio B, 259 Banker Street, Brooklyn, New
York on Thursday, December 6, 2007. Therefore, as part of the relief requested by Plaintiffs is
that this Court enjoin Reynolds from using Cartoons, both still and animated, at “The Farm”
musical events within the State of New York.
Violation on the Prohibition of Brand Name Merchandise
25. Section VI(D) of the Consent Decree prohibits Participating Manufacturers, like
Reynolds, from marketing, distributing, offering, selling or licensing any merchandise (other than
Tobacco Products, items the sole function of which is to advertise Tobacco Products, or written or
electronic publications2) which bears a Brand Name.
26. As illustrated in the photocopies attached as Exhibit A, The Farm - Free Range
Music: Fresh Picked Music, Volume I mailing is covered with the Camel Brand Name and logo.
The CD is delivered to customers in clear shrink-wrapped plastic displaying the Camel Brand
Name and logo printed on both the front and back of the package. Upon opening the shrink wrap
and removing the sleeve covering the CD box, the consumer lifts the lid to find the CD, placed on
2
Electronic publishing can be described as utilizing computer-aided processes to
furnish print publications such as books, newspapers, and magazines in a digital format. Alan J.
Hartnick, Checklist for Lawyers for Multimedia Matters, N.Y.L.J., Oct. 8, 1993, at 5.
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what is made to look like a record player. The box lid holds a glossy, full color CD jacket insert
containing artist photographs and information. This insert bears the Camel Brand Name and logo
on the front and back and inside the front and back covers.
27. Although “The Farm” CD itself does not have the Camel Brand Name on it, it is
the only component of the entire promotional package that does not. The jacket insert is an
important part of the CD package and would likely be kept with the CD, especially given the slot
in the lid where the insert fits. More importantly, the package is designed as a unit to be kept as a
collectible. Each component has a distinctive, consistent design and color scheme and the record
player box makes the entire package likely to be collected. Significantly, the entire package is
being sold on eBay, demonstrating that consumers are already treating the product as a
collectible.
28. The Farm - Free Range Music: Fresh Picked Music, Volume I audio CD package
was distributed by direct mail to consumers within the State of New York. See, Declaration of
Dana Biberman annexed as Exhibit G.
29. The Farm - Free Range Music: Fresh Picked Music, Volume II will be featured at
an event at Studio B, 259 Banker Street, Brooklyn, New York on December 6, 2007 (Exhibit H).
The 2004 Kool MIXX Settlement
30. Reynolds’ use of Cartoons and Brand Name Merchandise in its promotion of
Camel cigarettes through “The Farm - Free Range Music” campaign should be considered in light
of this Court’s October 7, 2004 Order approving a Settlement Agreement which prohibited
Reynolds from engaging in a variety of strikingly similar marketing practices in the “KOOL
MIXX” Hip Hop advertising and marketing campaign. This Court’s October 7, 2004 Order
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prohibited Reynolds from using “characters such as those found in cartoons” on KOOL MIXX
Special Edition packs (§III(4)(c)) or allowing its KOOL MIXX magazine advertising to “be
placed adjacent to articles or publication content that is intended for Youth (§III(7)(b)). Here,
Reynolds is using characters such as those found in cartoons in its advertising, its website and its
CD package and allowing its advertising to be incorporated into content that is intended for
Youth.
31. Moreover, this Court prohibited Reynolds in any Future KOOL MIXX campaign
from using its Brand Name on “any instruction booklet or other materials intended to accompany”
certain merchandise, on any merchandise packaging that is “collectible” or not “immediately
disposable,” on any “CDs . . . and ‘goody bags’ or on any removable sticker” attached to any”
CDs, or on the cover of any CD-ROMs. § III(2)(a) and (b), §III(3)(a). The jacket insert
accompanying The Farm - Free Range Music, Fresh Picked Music, Volume I CD has the Camel
Brand Name on the front and back covers and on the inside back cover.
32. In addition, this Court prohibited Reynolds in any future KOOL MIXX campaign
from including any songs by Hip Hop recording artists.§ III(3)(d). As part of “The Farm - Free
Range Music” promotional campaign, one artist performing at Studio B on December 6, 2007 is
El-P, an acclaimed hip-hop artist (Exhibit I).
33. Finally, the October 7, 2004 Order required Reynolds, in any Future KOOL
MIXX campaign, to inform any third-party contractors in writing of the MSA’s advertising,
marketing and promotional restrictions and take steps to prevent such third-parties from violating
or facilitating the violation of any such restrictions. § III(11). A copy of the October 7, 2004
Stipulation of Settlement and Order is attached as Exhibit J. Reynolds apparently chose to ignore
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the 2004 Order when it distributed its Camel “The Farm” CD with a branded booklet in branded
packaging and used, caused the use of, and/or failed to control a third-party’s use of, Cartoons in
its Camel “The Farm” advertisement in Rolling Stone Magazine, its CD package and on its
promotional website.
The States’ Attempt to Resolve the Matter with Reynolds
34. The Settling States, including New York, have attempted to resolve this dispute,
as required under Section VII (c)(6) of the MSA in a meeting with Reynolds’ executives,
including its General Counsel, on October 16, 2007 in Seattle, Washington. At the meeting, the
Settling States explicitly conveyed their concerns with Reynolds’ recent marketing and
advertising campaigns for its Camel brand cigarette, specifically its “The Farm - Free Range
Music” campaign at issue here. In addition, on November 21, 2007, the Attorneys General of
Arizona and Washington as Co-Chairs of the National Association of Attorneys General Tobacco
Committee sent Reynolds a letter specifically addressing the Settling States concerns about “The
Farm” Camel advertisement in Rolling Stone magazine. In a letter dated November 28, 2007,
Reynolds claimed that it did not know of the Cartoon featured inside the gatefold before the
magazine was in print and that if it had known in advance it “would not have advertised adjacent
to the gatefold.” However, Reynolds’ response does not address the fact that “The Farm”
advertisements themselves contain prohibited Cartoons. In addition, in an attempt to ascertain any
changes that Reynolds indicated would occur in the CD packaging, William Lieblich, as Deputy
Counsel for Enforcement for the Tobacco Project at The National Association of Attorneys
General, sent a letter dated November 27, 2007 requesting that Reynolds send a copy of The
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Farm - Free Range Music: Fresh Picked Music, Volume II CD. Reynolds did not respond. See,
Exhibit K for correspondence.
Reynolds’ Violations of the Consent Decree Warrant the Issuance of an Injunction
35. As demonstrated above, Reynolds has violated both Section VI (B) and Section
VI (D) of the Consent Decree in its “The Farm - Free Range Music” marketing and advertising
campaign for Camel cigarettes.
36. It is indisputable that the nine-page advertisement in the November 15, 2007 40th
Anniversary edition of Rolling Stone magazine violates the prohibition against the use of
Cartoons in the advertising, promotion or marketing of tobacco products. The State of New York
requests that this Court permanently enjoin Reynolds from using or causing to be used any
Cartoons at issue in the instant matter in any of its marketing, advertising or promotion of its
tobacco products. The State of New York further requests the Court to require Reynolds to take
all necessary steps to ensure that any persons with whom its has contractual obligations, including
Rolling Stone magazine or its publisher, Wenner Media LLC, its advertising agencies and any
other third parties to cease using and /or distributing any of the Cartoons at issue here to advertise
or market Reynolds’ cigarettes within the State of New York.
37. Moreover, The Farm - Free Range Music: Fresh Picked Music, Volume I and
Volume II audio CDs violate the prohibition on Brand Name merchandise. Therefore, the State of
New York requests the Court to permanently enjoin Reynolds from distributing the CDs
anywhere within the State, including at Studio B, 259 Banker Street, Brooklyn, New York on
December 6, 2007.
Reynolds’ Violations of the Consent Decree Warrant the Imposition of Sanctions
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38. In its discretion, the Court may determine to enter an order for monetary, civil
contempt or criminal sanctions (Consent Decree, Section VII(A)). Here, Reynolds has waged a
blatantly egregious advertising and promotional campaign for its Camel brand cigarettes.
Accordingly, the Court should sanction Reynolds in the amount of at least $15,000,000 based on
the following: $100 fine for each CD distributed in the State of New York (through direct mail
and at Adult Only Facilities); $100 fine for each nine-page advertisement in every issue of the
November 15, 2007 40th Anniversary edition of Rolling Stone magazine subscribed to or sold in
the State of New York; and $100 fine for each time a resident of New York logged onto
www.thefarmrocks.com and viewed the prohibited Cartoons. A sanction of $15,000,000 would
act as a deterrent to any similar conduct in the future and is warranted in this case.
Plaintiffs Are Entitled to Costs and Attorneys’ Fees
39. Having demonstrated that Reynolds violated the Consent Decree with its “The
Farm - Free Range Music” promotional campaign, plaintiffs are also entitled to an order granting
their costs of this enforcement proceeding and attorneys’ fees pursuant to Section VII (D) of the
Consent Decree. At the conclusion of these proceedings, plaintiffs will submit an affirmation
attesting to the amount of the costs and attorneys’ fees expended by the Attorney General to
prosecute this proceeding.
Plaintiffs Are Entitled to Preliminary Injunctive Relief
40. Having established that Reynolds has engaged in a marketing and promotional
campaign that violates the prohibition against the use of Cartoons and the prohibition of Brand
Name merchandise, this Court should preliminarily enjoin Reynolds, pending entry of a final
Order in this proceeding from (1) advertising and/or promoting Camel’s “ The Farm - Free Range
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Music” using Cartoons at issue in this case through any media in the State of New York,
including but not limited to direct mail, www.thefarmrocks.com website, any other websites and
any events, including Studio B, 259 Banker Street, Brooklyn, New York on December 6, 2007;
(2) directing Reynolds to take all necessary steps to ensure that any persons with whom its has
contractual obligations, including Rolling Stone Magazine or its publisher, its advertising
agencies and any other third parties immediately cease using and/or distributing any of the
Cartoons at issue here to advertise, market or promote Reynolds’ cigarettes within the State of
New York; and (3) distributing The Farm - Free Range Music: Fresh Picked Music, Volume I
and Volume II audio CDs and/or any other Brand Name Merchandise in the State of New York,
including at Studio B 259 Banker Street, Brooklyn, New York on Thursday, December 6, 2007.
41. The traditional test for a preliminary injunction is amply supported by the evidence
presented herein. Plaintiffs have sufficiently established that Reynolds has violated the Consent
Decree with its “The Farm - Free Range Music” campaign and plaintiffs have thus demonstrated
a likelihood of success on the merits.
42. Irreparable injury to New York consumers is likewise established. In addition, the
Brand Name merchandise produced and distributed by Reynolds is in the marketplace and
continues to expose consumers to its promotion for Camel cigarettes. Moreover, Reynolds has
produced additional Brand Name Merchandise which is scheduled to be distributed in the
immediate future.
43. A balancing of the equities clearly favors the issuance of a preliminary injunction.
In granting or withholding injunctive relief, courts must consider the welfare and interests of the
public. The primary goals of the MSA and Consent Decree, namely, promoting public welfare
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and reducing underage smoking, far outweigh any “private equities” that Reynolds may have and
are compelling reasons for this Court to grant such relief.
Conclusion
WHEREFORE, for all the foregoing reasons, plaintiffs respectfully request that the Order
requested in the order To Show Cause dated December , 2007 be granted in all respects at the
hearing, or in the alternative, pending final determination of plaintiffs’ request for an Order,
defendant Reynolds be preliminarily enjoined from (1) advertising and/or promoting Camel’s “
The Farm - Free Range Music” using Cartoons at issue in this case through any media in the State
of New York, including but not limited to direct mail, www.thefarmrocks.com website, any
other websites and any events, including Studio B, 259 Banker Street, Brooklyn, New York on
December 6, 2007; (2) directing Reynolds to take all necessary steps to ensure that any persons
with whom its has contractual obligations, including Rolling Stone Magazine or its publisher, its
advertising agencies and any other third parties immediately cease using and/or distributing any
of the Cartoons at issue here to advertise, market or promote Reynolds’ cigarettes within the State
of New York; and (3) distributing The Farm - Free Range Music: Fresh Picked Music, Volume I
and Volume II audio CDs and/or any other Brand Name Merchandise in the State of New York,
including at Studio B 259 Banker Street, Brooklyn, New York on Thursday, December 6, 2007.
Dated: New York, New York
December 3 , 2007
_______________________________
Christine E. Morrison
Assistant Attorney General
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