R.J. Reynolds appeals State of Ohio claim that it violated "brand-name merchandise" provision of the Master Settlement Agreement
Clients R.J. Reynolds Tobacco Company
The state of Ohio initiated an enforcement proceeding against Jones Day client R.J. Reynolds Tobacco Company, claiming that Reynolds violated the "brand- name merchandise" prohibition of the Master Settlement Agreement by distributing matchbooks imprinted with Reynolds’ logos. After the trial court ruled in favor of Reynolds that matchbooks were not "merchandise" and therefore not subject to the "brand-name merchandise" prohibition, an intermediate appellate court reversed. Jones Day appellate attorneys successfully convinced the Ohio Supreme Court to take up the case, where it is pending following oral argument. Donald Ayer argued the case in the Ohio Supreme Court.
State of Ohio v. R.J. Reynolds Tobacco Co., No. 03-0860 (Ohio 2004)