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Congress of the United States TOBACCO- LIGGETT Washington, DC 20515 July 22, 1997 The President The White House 1600 Pennsylvania Avenue Washington, D.C. 20500 Dear President Clinton: JUL 25 PM5:31 We are writing to request that you give special consideration to the case of the Liggett Group as you continue to review the tobacco settlement negotiated by the major tobacco companies and the state attorneys general. As you know, Liggett has previously negotiated separate settlement agreements with twenty-five state attorneys general. Nearly two years ago, Liggett recognized that the cigarette industry needed to chart a new course. Liggett agreed to break with the rest of the tobacco industry by waiving its attorney-client privileges and work-product protections in order to disclose all tobacco company documents pertinent to smoking and health. Liggett admitted that nicotine is addictive, that tobacco companies have targeted children with advertising, and that the FDA should have unrestricted authority to regulate the nicotine content of cigarettes. These actions played an important role in changing public opinion and helped bring the other tobacco companies to the negotiating table. The other tobacco companies have not made equivalent concessions. Indeed, only less than a week after agreeing to the global settlement, press reports indicate that the major companies challenged Liggett Director Bennett LeBow's public statements that smoking is addictive and causes cancer when they deposed Mr. LeBow in preparation for the Broin case, the secondhand smoke class action suit currently on trail in Miami. We are concerned that the tobacco settlement does not appropriately recognize Liggett's actions. The settlement appears to ignore Liggett's previous agreements with the states. Moreover, Liggett asserts that the global tobacco settlement will bankrupt the company. We believe that Congress should preempt neither the rights of individuals to sue the tobacco industry nor the rights of an individual company like Liggett to reach a binding settlement of the litigation filed against it. Liggett has acted as an industry whistleblower and has made a significant contribution to better tobacco policy. It would be ironic -- and unfair -- if the final resolution of the tobacco issue forced Liggett into bankruptcy while giving the rest of the industry higher stock prices and secure profits. Sincerely, 16,000.00 Rep. Henry A. Waxman Rep. James V. Hansen Pate Datal Rep. Martin Meehan Rep. Peter Deutsch PRINTED ON RECYCLED PAPER all