S P E C I A L S E C T I O N

Tobacco Under Attack

Koop, Kessler have doubts about tobacco deal

Latest developments:

Kessler calls some provisions 'a step back'
Key negotiator confident of White House support
Moore says major changes may destroy pact
'There are lots of hurdles for the FDA'
GOP lawmakers say Congress will take its time
Related stories and sites

June 22, 1997
Web posted at: 8:47 p.m. EDT (0047 GMT) Kessleer

WASHINGTON (CNN) -- Two longtime leaders of the fight against smoking, former Food and Drug Administration chief David Kessler and former Surgeon General Dr. C. Everett Koop, said Sunday that they have reservations about the legal settlement reached Friday between U.S. states and tobacco companies.

Kessler said some terms of the settlement, particularly those relating to the power of the FDA to regulate nicotine, are not in the public interest and should be rewritten.

"The terms of the settlement really do not give us the ammunition to win the war against smoking," Kessler said.

Kessler on NBC's "Meet the Press"
	VXtreme Streaming Video

Speaking on CNN's "Late Edition With Frank Sesno," Koop said, "I think David Kessler's skepticism is well-founded."

Koop said he was troubled by provisions in the settlement that call for additional penalties for tobacco companies if targets for reducing underage smoking are not met.

He said those provisions "do not provide strong enough financial penalties to really make the tobacco industry try to take part in that program."

Koop and Moore on CNN's "Late Edition"
	VXtreme Streaming Video

Key negotiator confident of White House support

Meanwhile, Mississippi Attorney General Michael Moore, a key negotiator of the settlement, said Sunday he expects eventual White House support for the plan, despite the cautious reaction from the Clinton administration.

"President Clinton wants to do something for the children of this country. So that's why I have faith that we'll get their support," said Moore, speaking on "Fox News Sunday."

Highlights of the deal

During a press conference at the conclusion of the Summit of the Eight in Denver, Clinton said he would hold off making any conclusions about the settlement until administration officials had studied it in more depth.

But he vowed to insure that "those things which made the tobacco interests conclude that it was in their interest to make the agreement do not compromise or undermine our obligation, or our opportunity, to protect the public health.

"I'm going to do my best to see that this whole endeavor, which is massive, results in something positive for the American people," Clinton said.

Moore says major changes may destroy pact

The settlement calls for the tobacco industry to pay $368.5 billion over 25 years, in part to fund major new anti-smoking efforts. In return, the industry will receive some protection from legal liability.

The pact will have to be approved by Congress and Clinton. While Moore said he remains optimistic that it will eventually receive that approval, he warned that any major changes in the settlement could cause it to fall apart.

"What we hope happens now is the public health community, the White House, the Congress on both sides, Republican and Democrats, make one decision: Is this best for the children and the public health of this country? And if the answer is yes, then this bill will pass," Moore said.

In announcing the settlement, Moore and the other state attorneys general also touted provisions that would give the FDA the power to ban nicotine from cigarettes.

But Kessler says the deal may be less than meets the eye and "could effectively impede FDA's ability to regulate [tobacco]."

'There are lots of hurdles for the FDA'

"There are a lot of hurdles for the FDA -- some impossible burdens," said Kessler. "This document has a lot of legal terms and...this seems to be a step back."

The agreement gives the agency the power to eliminate nicotine from cigarettes, but only after 12 years and only if the FDA proves that reducing levels of nicotine in cigarettes would lead to health improvements.

Since a federal judge in North Carolina recently ruled that the FDA already has the power to regulate nicotine, some critics see the negotiated restrictions on the FDA as a victory for the tobacco industry.

But in an appearance on "Late Edition," Moore said the key to the settlement is that regulations on tobacco can go into effect now without waiting for the North Carolina case to make its way through the courts.

"There are too many people dying right now and too many kids that are starting to smoke now," Moore said.

GOP lawmakers say Congress will take its time

A source close to the talks between the tobacco companies and attorneys general tells CNN that the necessary legislation could be pushed through Congress as early as this fall.

The process may be helped along by the fact that Senate Majority Leader Trent Lott's brother-in-law, Dicky Scruggs, is a lawyer representing most of the attorneys general in the case.

But Sen. Orrin Hatch, who heads the Senate Judiciary Committee, and Rep. John Boehner, part of the House Republican leadership, both said Sunday that they think Congress will take its time looking at the deal.

"There are 10 committees on Capitol Hill that all will be claiming some part of this settlement," Hatch said. "So it is not going to be an easy thing, no matter what you do."

Reuters contributed to this report.

Special Section

Sound off on our message boards

Tell us what you think!

You said it...