Anne Landman's Collection
Tobacco Exec Stuns Observers Deposition Says Nicotine Can Be Addictive Drug
Abstract
While testifying in Florida's lawsuit against the tobacco industry in 1997, Philip Morris CEO Geoffrey Bible admitted that cigarettes were addictive and may have killed more than 100,000 smokers. He also said under oath that when scientists prove that cigarettes caused lung cancer, he would order the company's plants to stop production immediately. Here are the key portions of Mr. Bible's testimony: Mr. Motley [plaintiff's attorney]: Would Philip Morris agree that a single American citizen who smoked their products for 30 or more years has ever died of a disease caused in part by smoking cigarettes?
Mr. Bible: I think there's a fair chance that one would have, yes. Might have.
Mr. Motley: How about a thousand?
Mr. Bible: Might have.
Mr. Motley: A hundred thousand?
Mr. Bible: Might have.
Asked what he would do with his manufacturing plants if scientists proved "that cigarettes were a cause of lung cancer," Mr. Bible said he would "shut it down instantly."
Lorillard chairman and CEO Alexander Spears also testified in the same trial. He said he "didn't think any Americans dies of diseases caused by cigarette smoking." He also said that if scientists proved cigarettes were cancer-causing, he would continue to make cigarettes "until the government padlocked his doors."
Today, in 2003, under a section entitled "Health Issues," Philip Morris's web site says:
"We agree with the overwhelming medical and scientific consensus that cigarette smoking causes lung cancer, heart disease, emphysema and other serious diseases in smokers." http://www.philipmorrisusa.com/health_issues/cigarette_smoking_and_disease.asp According to attorney Dick Daynard of the Tobacco Products Liability Project at Northeastern University School of Law in Boston, Bible's testimony doesn't have any force of law, but could be "damned persuasive to a jury."
Fields
- Notes
Thanks to Bert Hirschhorn for reminding us about this important testimony.
- Quotes
Tobacco Exec Stuns Observers Deposition says nicotine can be addictive drug
08/22/97 by Mark Cerriden/The Dallas Morning news
The top executive of the nation's largest cigarette maker stunned lawyers and political observers Thursday when he said under oath that nicotine is a drug and could be addictive and that cigarettes may have killed more than 100,000 smokers.
Geoffrey Bible, chief executive officer of Philip Morris cos., testified in a deposition that if and when scientists prove that cigarettes were causing lung cancer, he would order the company's manufacturing plants to stop production immediately.
Mr. Bible's testimony in West Palm Beach, Fla., represents a dramatic shift in legal strategy by the tobacco industry from earlier sworn testimony by cigarette executives that their products are neither dangerous nor addictive.
Although Mr. Bible's comments were surprising, including to many of his company's defense lawyers, legal analysts say the testimony was undoubtedly preplanned and well-calculated to gain support in Congress for the proposed $368.5 billion legal settlement. My making these limited concessions, the industry is trying to show that it will be more cooperative and more truthful with investigators, experts say.
Plaintiff's lawyers suing Big Tobacco believe the statements can only strengthen their court cases.
"I was shocked at his admissions," said trial lawyer Ron Motley, who questioned Mr. Bible in the state of Florida's lawsuit against the tobacco companies. Florida, Texas and 37 other states have sued the industry seeking reimbursement of the tens of billions of dollars they have spent in Medicaid costs due to smoking-related illnesses.
"This is a complete reversal in the tobacco industry's stance," said Mr. Motley. "I think they know legally that they are in trouble with their long-held position of total denial."
Mr. Bible and Philip Morris officials declined to comment on the deposition. An industry lawyer downplayed the testimony, calling it "pretty uneventful."
Steven Goldstone, the CEO of RJR Nabisco Inc., the nation's No. 2 cigarette maker, was scheduled to be questioned under oath Friday morning.
Earlier this month, Bennett S. LeBow, chief executive officer of Liggett Group Inc., the smallest of the U.S. cigarette manufacturers, testified under oath that nicotine is addictive and causes cancer. However, the other tobacco companies downplayed Mr. LeBow's admissions as being influenced by the financial settlement his company reached with the state attorneys general in March.
In contrast, Lorillard chairman and CEO Alexander Spear testified in April that he "didn't think any Americans die of diseases caused by cigarette smoking." And he said even if scientists proved they were cancer-causing, he would continue making cigarettes until the government padlocked his doors.
Also earlier this year, another Philip Morris executive compared cigarettes to gummy bears candy in addictiveness.
Legal experts say Thursday's disclosures by Mr. Bible are considerably more significant because Philip Morris, which controls more than 50 percent of the nation's cigarette sales, dictates the financial, legal and political strategies for the industry....
...Although Mr. Motley and other anti-smoking lawyers have noticed a gradual evolution by tobacco lawyers toward admitting the risks of cigarettes, many were shocked Thursday when the words actually left Mr. Bible's lips.
Mr. Motley: Would Philip Morris agree that a single American citizen who smoked their products for 30 or more years has ever died of a disease caused in part by smoking cigarettes?
Mr. Bible: I think there's a fair chance that one would have, yes. Might have.
Mr. Motley: How about a thousand?
Mr. Bible: Might have.
Mr. Motley: A hundred thousand?
Mr. Bible: Might have.
Asked what he would do with his manufacturing plants if scientists proved "that cigarettes were a cause of lung cancer," Mr. Bible said he would "shut it down instantly."
"I think if that were to happen, my first reaction would be to very quickly see what it was that was causing the difficulty, and see quickly if we could remove it, address it satisfactorily," he said.
Mr. Bible was also asked whether he believes cigarettes are addictive. "Behaviorally it is, perhaps," he answered. "It certainly is not pharmacologically addictive."
He did not explain the legal disparity between the two, though lawyers said it gives the industry a little "wiggle room" in the courtroom to assert that smokers can quit if they really want to.
- Company
- Lorillard
- Author
- Mark Cerriden, The Dallas Morning News
- Recipient
- Grefe & Sidney
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