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02/17/98 12:51 FAX 202 225 8185
GOV REF MIN
015
Congress to act to accomplish these public health goals. Only last week the
Department of Treasury concluded that the enactment of legislation in
accordance with the President's public health principles could reduce youth
smoking by up to 46% in the next five years and save one million children now
alive from a tobacco related death. The Treasury Department's conclusion
mirrors the conclusion of an analysis conducted by the American Cancer
Society.
We also share the goal articulated in the joint letter that the tobacco
industry should not be granted immunity from wrongdoing. Litigation against the
tobacco industry and other industries has been and continues to be a powerful
public health tool. We will oppose any effort to alter the legal system in any way
that would weaken the system's ability to protect the public health, that would
permit the tobacco industry or others the freedom to operate outside of the
normal legal system or to engage in any behavior that would otherwise be
sanctioned, or that would effectively deny individuals the opportunity to seek just
compensation for their tobacco related injuries.
We are pleased that the joint letter to Congress reflects our commitment
to evaluate any legislation in its entirety, including the legislation's impact on the
ability of the civil justice system to protect the public health. As public health
organizations, it is only right that we base our final position on any legislation on
its overall impact on the public health and its potential to reduce the number of
people who become addicted to tobacco, experience tobacco related disease,
and die from tobacco use.
We will only support strong, comprehensive legislation that addresses the
needs of the American public and the June 20, 1997 Agreement as negotiated
does not meet those criteria. We will oppose and urge the President to veto any
legislation that undercuts our public health goals now or the public health
community's ability to deal with unanticipated actions by the tobacco industry in
the future either as the result of weak public health provisions or as the result of
a broad grant of immunity to the tobacco industry.
Despite this position, it is possible that we may very well be confronted
with legislation that meets our public health goals and the President's public
health criteria, that includes provisions that the public health community agrees
would save millions of lives by reducing tobacco use dramatically, but which also
addresses the tobacco industry's liability in some limited way that does not grant
the industry immunity or weaken the ability of the civil justice system to protect
the public health or defend fundamental rights. Given that possibility and our
commitment to the public health, we believe it would be wrong for us to take a
position that would prevent us from fully evaluating such a proposal in its entirety
at that time. As you are aware, we also believe it is important that we carefully
articulate our views because it would be unfair to our members and members of
Congress to take a position only to turn around at the end of the process and
2
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"ocrText": "02/17/98 12:51 FAX 202 225 8185\nGOV REF MIN\n015\nCongress to act to accomplish these public health goals. Only last week the\nDepartment of Treasury concluded that the enactment of legislation in\naccordance with the President's public health principles could reduce youth\nsmoking by up to 46% in the next five years and save one million children now\nalive from a tobacco related death. The Treasury Department's conclusion\nmirrors the conclusion of an analysis conducted by the American Cancer\nSociety.\nWe also share the goal articulated in the joint letter that the tobacco\nindustry should not be granted immunity from wrongdoing. Litigation against the\ntobacco industry and other industries has been and continues to be a powerful\npublic health tool. We will oppose any effort to alter the legal system in any way\nthat would weaken the system's ability to protect the public health, that would\npermit the tobacco industry or others the freedom to operate outside of the\nnormal legal system or to engage in any behavior that would otherwise be\nsanctioned, or that would effectively deny individuals the opportunity to seek just\ncompensation for their tobacco related injuries.\nWe are pleased that the joint letter to Congress reflects our commitment\nto evaluate any legislation in its entirety, including the legislation's impact on the\nability of the civil justice system to protect the public health. As public health\norganizations, it is only right that we base our final position on any legislation on\nits overall impact on the public health and its potential to reduce the number of\npeople who become addicted to tobacco, experience tobacco related disease,\nand die from tobacco use.\nWe will only support strong, comprehensive legislation that addresses the\nneeds of the American public and the June 20, 1997 Agreement as negotiated\ndoes not meet those criteria. We will oppose and urge the President to veto any\nlegislation that undercuts our public health goals now or the public health\ncommunity's ability to deal with unanticipated actions by the tobacco industry in\nthe future either as the result of weak public health provisions or as the result of\na broad grant of immunity to the tobacco industry.\nDespite this position, it is possible that we may very well be confronted\nwith legislation that meets our public health goals and the President's public\nhealth criteria, that includes provisions that the public health community agrees\nwould save millions of lives by reducing tobacco use dramatically, but which also\naddresses the tobacco industry's liability in some limited way that does not grant\nthe industry immunity or weaken the ability of the civil justice system to protect\nthe public health or defend fundamental rights. Given that possibility and our\ncommitment to the public health, we believe it would be wrong for us to take a\nposition that would prevent us from fully evaluating such a proposal in its entirety\nat that time. As you are aware, we also believe it is important that we carefully\narticulate our views because it would be unfair to our members and members of\nCongress to take a position only to turn around at the end of the process and\n2"
}