One count in the federal government's lawsuit against tobacco companies states that in 1988 the defendants' trade group "did knowingly cause a press release to be sent and delivered by the United States mails to newspapers and news outlets. This press release contained statements disputing the addictiveness of cigarette smoking." By mailing the press release, the group allegedly committed mail fraud, actionable under federal racketeering laws.

One company that placed a newspaper ad titled "Can we have an open debate about smoking?" was also charged with mail fraud because those newspapers were then delivered to subscribers by mail. When companies sent a skeptical magazine article to the media through the mail, that represented another count of mail fraud. When tobacco executives denied the addictiveness of smoking before Congress in 1994, and that testimony was televised, that led to several counts of wire fraud.

One company set up a web site conceding that "by some definitions, including that of the Surgeon General in 1988, cigarette smoking would be classified as addictive," but went on to say: "The issue should be whether consumers are aware that smoking may be difficult to quit (they are) and whether there is anything in cigarette smoke that impairs smokers from reaching and implementing a decision to quit (which we believe there is not)." That statement qualified for another count of wire fraud.

[Ed.: Jonathan Rauch of the National Journal notes that Bob Dole may have committed wire fraud when asked whether tobacco was addictive in a television interview during the 1996 presidential campaign, and he replied, "Some people who've tried it can quit easily, others don't quit. So I guess it's addictive to some and not to others." Similarly, President Clinton might be impeached for wire fraud for denying he had sex with Monica Lewinsky on national television.]

†