Big Tobacco Avoids Racketeering Penalty

The tobacco industry can now breathe a sigh of relief after the Supreme Court's ruling

Philip Gorham, CFA 29 June, 2010 | 5:00PM
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Cigarette manufacturers Altria, British American Tobacco, Lorillard and Reynolds American will not be forced to pay billions of dollars to the US government in a racketeering case, and our fair value estimates for the tobacco companies remain in place.

The US Supreme Court upheld a federal judge's ruling that although the tobacco industry illegally collaborated to conceal the dangers of cigarettes, the government cannot extract the $280 billion it was seeking in past profits, or the $14 billion it was seeking from the industry to fund an antismoking campaign. The tobacco industry can now breathe a sigh of relief after the Supreme Court's ruling, because the potential payout could have put a material dent in their free cash flow for many years to come. Nevertheless, the industry still faces significant litigation risk, including lawsuits being brought to court by individuals under the Engle progeny case. We continue to expect tobacco firms will win some and lose some of these cases, but with the government's racketeering case now settled, we think the companies' solid free cash flow generation should ensure that the manufacturers can absorb any payouts without risk to their financial viability.

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Securities Mentioned in Article

Security NamePriceChange (%)Morningstar
Rating
British American Tobacco PLC2,433.00 GBX1.33Rating

About Author

Philip Gorham, CFA  Philip Gorham, CFA, is an associate director of equity research for Morningstar.

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