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R.J. REYNOLDS TOBACCO CO. v. BONTA

No. CIV. S-03-659 LKK/GGH.

272 F.Supp.2d 1085 (2003)

R.J. REYNOLDS TOBACCO COMPANY; R.J. Reynolds Smoke Shop, Inc.; and Lorillard Tobacco Company, Plaintiffs, v. Diana M. BONTA, Director of the California Department of Health Services; and Dileep G. Bal, Acting Chief of the Tobacco Control Section of the California Department of Health Services, Defendants.

United States District Court, E.D. California.

July 24, 2003.

Attorney(s) appearing for the Case

H. Joseph Escher, III, Todd E. Thompson, Howard, Rice, Nemerovski, Canady, Falk & Rabkin, San Francisco, CA, for plaintiffs R.J. Reynolds Tobacco Co. and R.J. Reynolds Smoke Shop, Inc.

Shannon L. Spangler, Shook, Hardy & Bacon, San Francisco, CA, for plaintiff Lorillard Tobacco Company.

Margarita Altamirano, Karen Leaf, Deputy Attorneys General, California Department of Justice Office of the Attorney General, Sacramento, CA, for defendants Bonta and Bal.

ORDER

KARLTON, Senior District Judge.

Two tobacco companies bring suit against officials of California's Department of Health Services. They challenge the state's anti-tobacco advertisements, which are funded through a special surtax on wholesale tobacco sales. The tobacco companies claim that the surtax forces them to fund ads with which they disagree, and that this violates their right to free speech under the First Amendment. They also complain...

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