Illinois Appellate Court
Civil Court
Settlements
State filed motion for rule to show cause why tobacco company should not be held in contempt for violating consent decree by using a "cartoon" in its "Camel Farm" ad campaign. Images in magazine ad were a "cartoon" because they depicted man-made objects with unnatural abilities, including transformation. Company thereby violated the "Ban on Use of Cartoons" provision in 1998 Master Settlement Agreement, incorporated into consent decree, executed by company with designated State officials from 40 states that initiated litigation against it. Images in video and on website created by company were not a "cartoon" because they did not portray "comically exaggerated features". Company did not violate consent decree by magazine using a "cartoon" in editorial, as company had no affirmative duty to prevent magazine from using "cartoon". (LAVIN and PUCINSKI, concurring.)