Tobacco Documents Online

Chronology of FDA - Tobacco Events

Abstract

This 1995 narrative written by "Todd" (who is presumably Todd Haymore, a staffer for then-Congressman L.F. Payne, D-VA) chronicles a series of back room meetings between the White House and representatives from tobacco-growing states to broker a deal to stop the U.S. Food and Drug Administration's efforts to regulate nicotine a drug. The memo, a chronology of events apparently written to refresh Payne's memory, indicates that then-White House chief of Staff Leon Panetta engaged in secret negotiations with representatives of tobacco-growing states to "remove [FDA Commissioner] Kessler from the radar." Panetta dangled a proposal in front of tobacco companies, telling the representatives that "voluntary action" by tobacco companies on the youth access issue "may be the best way to stop Kessler from attempting to regulate tobacco products" :

"AFTER IT BECAME APPARENT THAT THE FDA/KESSLER SITUATION WAS THE GREATEST PROBLEM FACING TOBACCO STATE MEMBERS, IT WAS DECIDED THAT VOLUNTARY ACTION BY THE TOBACCO COMPANIES ON YOUTH ACCESS ISSUES MAYBE THE BEST WAY TO STOP KESSLER FROM ATTEMPTING TO REGULATE TOBACCO PRODUCTS.PANETTA SAID THAT IF THE INDUSTRY CAME FORTH WITH A VOLUNTARY PROPOSAL AIMED AT REDUCING YOUTH ACCESS, THE ADMINISTRATION WOULD REMOVE KESSLER/FDA FROM THE RADAR."

The memo also indicates White House attempts to keep the negotiations secret:

"Panetta stressed the need to keep this meeting and the comments within as quiet as possible. He said that if the meeting or discussions reached the press, the 'negotiations' would be off and the White House would deny knowing about them."

Congressman Thomas Bliley (R-VA) met with tobacco industry leaders and told them about the White House's youth access proposal. The industry put together a proposal and submitted it to Panetta. As a subsequent meeting, Panetta warned Congressmembers L.F. Payne (D-VA), Bliley (R-VA) and Charlie Rose (D-NC) "to keep this proposal and this meeting very quiet because media leaks would cancel any further discussions."

Ultimately, White House Counsel Abner Mikva reviewed the industry's proposal and made a counter proposal that the industry found unacceptable. There is no way to know the affect these negotiations may have had on tobacco companies ramping up of youth smoking prevention programs in the mid-1990s.

Fields

Quotes

AFTER IT BECAME APPARENT THAT THE FDA/KESSLER SITUATTION WAS THE GREATEST PROBLEM FACING TOBACCO STATE MEMBERS, IT WAS DECIDED THAT VOLUNTARY ACTION BY THE TOBACCO COMPANIES ON YOUTH ACCESS ISSUES MAYBE THE BEST WAY TO STOP KESSLER FROM ATTEMPTING TO REGULATE TOBACCO PRODUCTS.PANETTA SAID THAT IF THE INDUSTRY CAME FORTH WII'H A VOLUNTARY PROPOSAL AIMSD AT REDUCING YOUTH ACCESS,THE ADMINISTRATION WOULD REMOVE KESSLER/FDA FROM THE RADAR.

PANETTA INFORMED MEMBERS THAT, AT THAT TIME, KESSLER COULD NOT ACT WITHOUT PANETTA'S OFFICE KNOWING ABOUT IT. PANETTA STRESSED THE NEED TO KEEP THIS MEETING AND THE COMMENTS WITHIN AS QUIET AS POSSIBLE. HE SAID THAT IF THE MEETING OR DISCUSSIONS REACHED THE PRESS, THE "NEGOTIATIONS" WOULD BE OFF AND THE WHITE HOUSE WOULD DENY KNOWING ABOUT THEM. HE ALSO FELT THAT IT WAS IMPORTANT TO MOVE FAIRLY QUICKLY ON THIS ISSUE QUICKLY ON THIS ISSUE.

Company

Philip Morris

Author

Xxtodd (may be Todd Haymore)

Haymore, Todd (Spokesperson for Rep. L.F. Payne, D- )

Todd Haymore was a spokesman for, and worked closely with tobacco-friendly former 5th District Congressman L.F. Payne, Jr. (D-VA) c. 1995(http://www.wpcva.com/articles/2006/02/01/chatham/news/news01.txt)

Recipient

Payne, L.F. (Rep. D-VA- led campaign to oppose FDA regulation of tobacco)

L. F. Payne is businessman who served in the U.S. House of Representatives from 1988-1997, D-VA. He was one of the founders of the Congressional Blue Dogs, a coalition of moderate and conservative Democratic members of Congress. L.F. Payne opposed President Clinton's plan to raise the federal excise tax on cigarettes to pay for universal health care. http://legacy.library.ucsf.edu/tid/due01e00

Xxmark

Xxpaul

Region

United States

Named Organization

Columbia

Commerce Comm

Congress

*EPA ( use United States Environmental Protection Agency)

United States Food and Drug Administration

Federal Trade Commission (Enforcement agency for laws against deceptive advertising)

Enforces laws against false and deceptive advertising, including ads for tobacco products. Ensures proper display of health warnings in ads and on tobacco products;collects and reports to Congress information concerning cigarette and smokeless tobacco advertising, sales expenditures, and the tar, nicotine, and carbon monoxide content of cigarettes.

Justice Dept

Occupational Safety and Health Administration (Held hearings in 1994 to ban smoking in workplaces)

OSHA opened hearings in September 1994 on a proposal that amounts to a virtual ban on smoking in every workplace in the nation

Southern Democratic

Tobacco Institute (Industry Trade Association)

The purpose of the Institute was to defeat legislation unfavorable to the industry, put a positive spin on the tobacco industry, bolster the industry's credibility with legislators and the public, and help maintain the controversy over "the primary issue" (the health issue).

White House

Litigation

Feda/Produced

Named Person

Bliley, Thomas J. (Representative (R-Virginia), House Energy & Commerce Comm.)

R-VA

Cerf, C.

Chiles, Lawton (FL Governor (1991-98), Senator (D-Florida) ('71-89))

Clinton, William Jefferson "Bill" (U.S. President (1993-2001))

Called for Dept. of Justice action against the tobacco industry.

Foley, E.

Fowler, D.

Griffin, P.

Hunt

Kessler, David A., M.D., J.D. (Former FDA Commissioner)

appointed FDA Commissioner by President George Bush in December 1990.

Maples, R.

Mikva, Abner (White House Counsel, c. 1995)

Former judge on U.S. Circuit Court of Appeals in 1980s

Nicoli, David P. (PM Washington Relations Office, c. 1992-94)

PM Legislative Council, 1992. PM Washington Relations Office, 1994.

Panetta, Leon (Chief of Staff to President Clinton)

Panetta was appointed Chief of Staff to the President of the United States on July 17, 1994, and served in that position until January 20, 1997.

Payne, Tommy Joe (RJR Lobbyist in D.C.)

Pitts, K.

Reno, Janet (U.S. Attorney General under Clinton Administration)

Rose, Charlie (U.S. Rep. (D-NC) 1986-1994)

Tobacco grower political ally.

Schlagenhauf, Jeff (Administrative Assistant to Congressman Thomas J. Bliley, Jr)

Scott, G.

Tallon, R.

Whitley, Charles O. (TI Spokesman, U.S. Representative (D-NC))

Joe Camel

Xxtodd

Type

MEMO, MEMORANDUM

REPT, REPORT, OTHER

Subject

Political Influence (How the industry develops and applies political influence)

Political participation