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    "title": "Tobacco Liability [1]",
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        "Records of the Domestic Policy Council (Clinton Administration)",
        "Bruce Reed's Tobacco Files"
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    "ocrText": "02/17/98 12:50 FAX 202 225 8185\nGOV REF MIN\n4\n011\ncommunication abilities and be provided with adequate funds to implement all of its various regulatory,\nenforcement, public education and research activities. New, burdensome requirements placed on the FDA would be\nunfair and erode public health.\n2) Youths: Protect children and youths from influences that create demand for or acceptance of tobacco\nuse, and prevent their obtaining tobacco, an illegal substance for youth. Specific measures that reduce youth\ndemand and access include:\na) Provide for a well-funded nationwide education campaign independent of tobacco industry\ninterference.\nb) Significantly increase the price of cigarettes and other tobacco products so that children and\nyouths are discouraged from buying them. An increase of at least $1.50 per pack is a reasonable starting\npoint. Once implemented, an independent National Academy of Science/ Institute of Medicine commission\nshould be set to determine what additional increases will significantly reduce youth smoking.\nc) Ban advertising and promotions that entice children and youths. This should be coupled with\ntough restrictions on youth access to tobacco products, large, strong and effective warning labels on\ncigarette packs and other tobacco products, necessary funds to monitor compliance, and other deterrents.\nd) Levy substantial penalties for underage use. Assessments should be on a company-by-\ncompany basis if reduced youth smoking targets are not met soon, e.g., there must be specific fines at\nspecific times for specific shortfalls from user target levels.\n3) Cessation: Provide adequate funds for sound, scientifically established cessation programs to help\nnicotine-dependent adults and youths to quit smoking or using spit tobacco. Such programs should be integrated\ninto health care financing systems, including managed care programs; accredited professional and public education\nprograms; and support behavioral and cessation research.\n4) ETS: Establish, refine and expand environmental tobacco smoke (ETS) laws and regulations.\nAuthorities and appropriations should fully enforce smoke-free public and work environments andrisk Funa assessment\nresearch, and public education.\n5) Justice: Protect and administer the justice system so that evidence of tobacco industry misdeeds\nbecomes public. All legal remedies should remain available and the opportunity for individuals and groups of\nindividuals to recover should not be diminished. It is critical, for instance, to know how companies added certain\ningredients to enhance the nicotine effect for children and youths and how they used sophisticated marketing\ntechniques to reach those same children. Only when such things are public can we make sure they never happen\nagain.\nWe oppose granting the tobacco industry immunity against liability for past, present, or future misdeeds.\nCongress should focus its efforts on public health, not on the concessions the tobacco industry seeks. Congress\nshould not alter the legal system in any way that would weaken its ability to protect the public health, or permit the\ntobacco industry or others to engage in any behavior that otherwise would be condemned. Congress must make sure\nthat any legislation does not make it more difficult for injured citizens to exercise their fundamental right to seek just\ncompensation for their injuries.\n6) Preemption: Protect state and local governments by shielding them from federal preemption clauses\nthat weaken, incapacitate or make onerous the ability of states and local governments to develop novel public health\napproaches and pursue public health standards which are higher than federal standards. Federal laws designed to\nprotect public health should always be a \"floor\" that state and local governments can add to and strengthen."
}