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S P E C I A L Tobacco Under Attack

Senators skeptical of tobacco deal

Senate committee hearing September 3, 1997
Web posted at: 11:12 p.m. EDT (0312 GMT)

From Medical Correspondent Jeff Levine

WASHINGTON (CNN) -- The settlement between the state attorneys general and the tobacco industry could be in trouble on Capitol Hill -- at least if a Senate hearing Wednesday is any indication.

Lawmakers expressed serious doubts over whether the deal is in the public interest. But the deal's chief architect, Mississippi Attorney General Michael Moore, defended the proposal.

CNN's Jeff Levine reports
icon 1 min., 55 sec. VXtreme streaming video

"The best time to enter a settlement is at the time of greatest uncertainty," Moore said. "What my biggest worry is, is that we let this opportunity pass."

Michael Moore

But senators on both sides of the aisle wondered if the real opportunity was for the public or the tobacco industry.

"It provides for, really, an organized and legally-sanctioned cartel, which ... can raise prices, because essentially everyone's going to raise their prices," said Sen. Jack Reed, a Rhode Island Democrat.

Democratic Sen. Edward Kennedy, of Massachusetts, questioned a tobacco industry lawyer about how far the cigarette companies are willing to go in putting warnings on their products.

"You don't have to really go back and talk to the tobacco companies, do you? I mean, if we're taking about being dangerous, tobacco smoke can harm your children. Do you have any problem with saying, 'I agree with that?'"

The answer from the lawyer, D. Scott Wise: "Well, as a person or as a lawyer?"

The settlement would protect the tobacco companies from class-action lawsuits and punitive damages. In return, the industry agrees to more government regulation, financial penalties if companies don't stop selling cigarettes to kids and a ban on many forms of tobacco advertising.

Even some of those who helped craft the deal admit it needs to be stiffened, particularly in the areas of regulation and smoking by children.

Wellstone & Leary

"The youth target provision needs to be looked at to ensure that the fines that are ultimately imposed are large enough to actually change tobacco industry behavior," said Matt Myers of the Campaign for Tobacco-Free Kids.

Another big bone of contention is the disclosure of tobacco industry documents. The settlement will release many, but, critics say, not enough.

"Can there be a settlement? Of course there can. Should there be a settlement? Possibly," said Sen. Patrick Leahy, a Vermont Democrat. "But should there be a settlement without knowing the facts? No, no, no."

Settlement backers hope to bring the proposal to a vote sometime early next year. If the deal fails, however, tobacco foes say they'll continue their battle against the industry in the courts.

 
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