Provides industry positions on Food and Drug Administration regulation of tobacco, advertising regulations, and youth access in mock question and answer format. Indicates "privileged and confidential; attorney work product; attorney-client privileged; draft - Jan. 29, 1996".
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PRIVILEGED AND CONFIDENTIAL
ATTORNEY WORK PRODUCT
DRAFT -- Jan. 29, 1996
1. Why is the industry focusing only on one issue, that of the FDA'S authority,
and not on the larger issue of combating youth smoking?
Because we are opposed to kids smoking, period. As far as we're
concerned, we're ready to work with anyone who truly wants to
make a difference on that issue. But that agency cannot be the
FDA because it is absolutely barred by Congress from regulating
2. Isn't the real issue for the industry the proposed regulations that limit your
ability to advertise?
That is a major issue for us, yes. It's a major issue because these
regulations have virtually nothing to do with kids and everything to
do with prohibiting the industry from advertising our legal products
to adult smokers. If we as a country still recognize commercial free
speech, then these regulations have to send chills down the spines
of everyone who is concerned about growing government power.
3. Does this ruling today have any impact on the FDA's timing or the agency's
decision to go forward?
Those are questions for Commissioner Kessler.
4. Does the industry plan to ask the court in this case to block the FDA from
issuing final regulations while this case is pending?
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At this moment, we are focusing on what we believe to be the
dispositive issue: the FDA's lack of legal authority to issue any
regulations at all.
5. Some people on the other side say this decision today was predictable
because the companies hand picked the judge. How do you respond?
That suggestion is an insult to the federal judiciary.
companies filed this case in this district because it is the only
judicial district in the country where all the major cigarette
companies have operations.
6. In your statements, you say that the FDA's real agenda is the eventual
prohibition on cigarettes. What is your evidence for this? Dr. Kessler says just
the opposite, that he has no such plan or goal.
A close look at the proposed regulations will reveal the FDA's true
position. In the agency's won words, it describes how it believes it
has the power to send federal agents into stores and remove
cigarettes from the shelves. Over and over since August,
Commissioner Kessler he has refused to confront questions about
his true agenda, and that is to deprive 50 million adult Americans
of their right to choose to smoke. We have demonstrated as a
company that we are committed to preventing children from having
access to cigarettes, but these so-called regulations have little, if
anything, to do with kids smoking. This is truly a battle over the
right of adult Americans to choose to smoke or not to smoke.