Regulating the Tobacco Industry:
"Public Health Achievement" or Government Bullying?
        Featured in August issue of  Final Cause
 
        "Warning:  Smoking can kill you" but not to worry, the government is here to protect you from
yourself.  This warning is one of many that will be as prominently displayed on a cigarette pack as the PM
or Camel thanks to a settlement pending ratification by the President and congress.
 
        That’s right, the government is looking out for all you smokers and of course the children as they
embark on one of the most serious punitive, compensatory, and regulatory missions against any industry
in the history of time.  The target:  the entire tobacco industry.  Well, all the companies except for one:
the Liggett Group, AKA "the Whistleblowers".

            A federal judge granted the Brook Group Ltd., and its Liggett Group tobacco subsidiary
universal-protection from all tobacco suits nationwide in exchange for their cooperation by way of
admitting in a court of law that smoking is indeed, addictive.  Liggett is the first company in history to
admit to such a claim and in turn, set the precedent of prosecution of all the other companies.

        The rally against tobacco industry is led by Mississippi Attorney General and prime mover of punitive
punishment Michael Moore who stated after the Liggett hearing, "This is the beginning of the end for how
the tobacco industry has treated the American Public.  We wanted to this industry to have to change the
way they do business."

        Allied with 38 other States’ Attorneys General, he has definitely moved closer to that "end".

        Talks ensued between the 39 states and the tobacco industry after the states decided to sue to
recoup the Medicaid costs due to the medical treatment of patients with smoking related illnesses.

        After much debate, a crippling settlement was decided on June 20, 1997.  The Tobacco industry is to
pay close to $370 billion over the next 25 years with an immediate payment of $10 billion once the
settlement is ratified.

        The tobacco industry will suffer not only monetarily from the compensatory and punitive damages
incurred, but they will also have a number new of federal and state regulations enforced upon them if
they want to continue to do business.
 
        What exactly is the outcome and whom does it affect?
 
        Every citizen in this country.
 
        Children are the main focus of this settlement.  Any advertisements featuring the friendly Marlboro
Man or the benevolent and cool Camel Joe are to be banned along with any other human or cartoon
figure in smoking advertisements.  You won’t see anymore cigarette billboards, or cigarette company
sponsors in sporting events or concerts.  And those vending machines that require quarters and  ID are
history.  That ought to be ample protection right?

        Well that’s not even a fraction of what will be enforced if the settlement is ratified.

        Smokers will see a 75 cent increase per pack immediately following the settlement.  Labels will
prominently display warnings like, "Warning:  Cigarettes are addictive", or "Warning:  Cigarettes can kill
you".  If that’s not enough to make you put those cigarettes in the trash can, you can expect further
federal and state restrictions banning smoking in public places.  No more smoking in your favorite
restaurant!

        The tobacco industry is also facing a all out ban of nicotine by the year 2009 and must come up with
an alternative to nicotine if they wish to continue selling smokes.
 One of the most ironic demands is the payment of anti-smoking ad campaigns the industry will have to
foot the bill for.

        Statistics prove smoking kills 400,000 people a year and the habit hooks 3,000 adolescents every
day.  Out of those 1 out of 3 of those kids will eventually lose their life due to a smoking related illness.
That’s 1,000 potentially lost lives every day!  Very startling statistics, but does that give the government
the right perpetrate such unprecedented use of their authority?
 
        It seems the tobacco industry is the only spokesman for an individual’s right to choose.  In a
statement released by five of the major tobacco companies, they state very clearly that, "The
preservation of the rights of American adults who choose to use tobacco products is a central element of
the proposed tobacco resolution."
 
        Seeing as how they have a lot to lose, should this be construed as bias or a fight for liberty?

        Regardless, of the industry’s position, there is an injustice being done to each citizen of this country-
smoker or non-smoker, child or adult.  The government is acting against its citizens under the bromide of
protection and in effect is steamrolling an entire industry into inevitable bankruptcy.   The tobacco
industry isn’t the only victim, there will be an entire country of victims if this settlement becomes
law.

                                                      Site created and maintained by Patricia Speer
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                                Material may not be reprinted without explicit permission of the author
                                         Copyright 1998, All Rights Reserved, Sospeeri Creations Ltd.

 

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