American Legacy Foundation v. Lorillard Tobacco Co.

OPINION

LAMB, Vice Chancellor.

I

This action arises out of a landmark settlement agreement between the nation’s largest tobacco companies and almost all the U.S. states and territories. As part of that settlement agreement, the signatories provided for the creation and funding of a foundation whose mission is to educate youth about the harms associated with tobacco use and to reduce levels of youth tobacco use. This campaign has proven successful. As part of the settlement agreement, however, the signatories agreed to certain restrictions placed on the content of the foundation’s educational…