United States v. Philip Morris USA, Inc., 787 F. Supp. 2d 68

This RICO action against Philip Morris USA, et al. sought forward-looking injunctive relief based on extensive findings of a long-term scheme to defraud smokers.
The district court found a pattern of deliberate misstatements and concealment spanning decades and continued activity after suit commenced.
Remedial orders were issued to prevent future violations; these remediations were affirmed on appeal.
The Tobacco Control Act (FDA regulation) was enacted after the remand, prompting defendants to seek vacatur or deferral of remedies.
Defendants argued the Act eliminates future RICO violations or, alternatively, that primary jurisdiction should apply to defer to FDA regulation.
The court denied the motion, preserving jurisdiction and rejecting primary jurisdiction as a basis to vacate or defer the injunctions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Tobacco Control Act divests the court of jurisdiction over forward-looking RICO remedies.	N/A	Defendants argue the Act moots and divests jurisdiction.	No; court retains jurisdiction to enforce RICO remedies.
Whether the Court should apply the primary jurisdiction doctrine to vacate or modify the injunctions.	N/A	FDA expertise should govern related issues; court should defer.	Primary jurisdiction not applicable; no substantial risk of conflict with FDA action.

S.E.C. v. Kenton Capital, Ltd., 69 F.Supp.2d 1 (D.D.C. 1998) (test for forward-looking injunctive relief in RICO cases)
S.E.C. v. Bilzerian, 29 F.3d 689 (D.C. Cir. 1994) (consideration of factors for likelihood of future violations)
First City Fin. Corp., 890 F.2d 1215 (D.C. Cir. 1989) (factors for reasonable likelihood of future violations)
United States v. Philip Morris, Inc., 116 F.Supp.2d 131 (D.D.C. 2000) (reiteration of forward-looking jurisdiction principles; reliability of findings)
Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167 (U.S. 2000) (mootness standards in regulatory contexts)