Scarcnet News Summaries (Advocacy Institute)
Industry Vows To Fight Federal Lawsuit
Length: pages
Abstract
The tobacco industry responded yesterday to President Clinton's plan to file a lawsuit against cigarette makers, by dismissing the announcement as a "political gesture," and the continuation of a "witch hunt." Industry spokespersons vowed to fight the plan vigorously, possibly with an advertising campaign similar to the one that helped defeat the McCain bill last summer. Although Clinton's announcement took many people by surprise, even some Justice Department officials, the department had considered the possibility of legal action against the tobacco industry for several years. But it wasn't until the McCain bill collapsed in the Senate last year that the issue was revived. "Since they've seen that the tobacco industry holds such sway over the Republican Congress, they don't feel there is the likelihood of any legislation being passed. So, they turned to the courts," said Sen. Richard Durbin (D-IL). Lawyers involved in the Justice Department's effort believe that the goal of the suit will be to win concessions not gained in the recent state settlements, such as FDA authority to regulate cigarettes and nicotine. The actual filing of the lawsuit may not come for several months, and several lawyers expect the industry to argue that the federal government has known the health risks of smoking since the '60s, when it published the first Surgeon General's Report on smoking. One Administration official said that the White House and the Justice Department were considering introducing tobacco-liability legislation that would make it easier to argue their case in court, and several legal experts said that the federal government's legal grounds for recovery are stronger than anything the states used in their suits against the industry.
Sources: Barry Meier, "Many Are Caught Off Guard By Clinton's Tobacco Plan," NEW YORK TIMES, January 21, 1999, p. A18; David Cloud and Milo Geyelin, "Legal Advice, Politics Spur Tobacco Suit," WALL STREET JOURNAL, January 21, 1999, p. B8; Saundra Torry, "Tobacco Firms: 'Witch Hunt' Drags On," WASHINGTON POST, January 21, 1999, p. A8; Wendy Koch, "Tough Fight Ahead For Federal Lawsuit Against Tobacco," January 21, 1999, p. A8.