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JAN-20-98 13:17 FROM: TOBACCO-FREE KIDS
ID: 2022965427
PAGE 3/4
Draft # 4
STATEMENT ON LIABILITY
NATIONAL CENTER FOR TOBACCO-FREE KIDS
There has been some confusion about the National Center's views concerning how or
whether any federal tobacco control legislation should address the tobacco industry's
liability for past or future wrongdoing. The Center has made no concessions on the
issue of liability and opposes granting the tobacco industry immunity from liability or any
special protections against liability. Litigation against the tobacco industry and other
industries has been and continues to be a powerful public health tool. During the
legislative process the Center will oppose any effort to alter the legal system in any way
that would weaken the system's ability to protect the public health or 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.
The Center does support the enactment of strong, comprehensive, effective tobacco
control legislation and will advocate for this legislation based on the needs of this
nation's public health, not based on the demands of or the concessions sought by the
tobacco industry. Our goal is to reduce the number of people who become addicted to
tobacco products and who die or suffer as the result of tobacco use. Despite all of the
disclosures and progress of the last several years, tobacco use among children is up
and the decline in adult tobacco usage has stopped. The need for decisive action to
protect the public health has never been greater. It is time for Congress to act and to
act decisively.
The National Center supports national tobacco control legislation that, at a minimum.
must include a number of essential elements. These include: full FDA authority to
regulate tobacco products and other nicotine products; significant increases in the price
of tobacco products to drive down youth tobacco use; tough penalties against the
industry if reduced youth smoking targets are not met; a ban on marketing and
advertising aimed at children; no federal preemption of tougher state and local laws; the
largest anti-tobacco educational campaign ever undertaken; tough nationwide
restrictions on youth access to tobacco products; a nationwide well funded tobacco
cessation effort; efforts to reduce tobacco use internationally; adequate funds and
authority to fully enforce the new rules; and consideration of the needs of tobacco
farmers. We will also oppose weak legislation and 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.
Throughout the legislative process, the Center will evaluate any proposed legislation in
its entirety, including any provisions relating to the tobacco industry's liability and the
legislation's impact on the ability of the civil justice system to protect the public health,
first and foremost based on the proposal's overall impact on the public's health and its
potential to reduce the number of people who die from tobacco use.
January 20, 1998 12:16 PM
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"ocrText": "JAN-20-98 13:17 FROM: TOBACCO-FREE KIDS\nID: 2022965427\nPAGE 3/4\nDraft # 4\nSTATEMENT ON LIABILITY\nNATIONAL CENTER FOR TOBACCO-FREE KIDS\nThere has been some confusion about the National Center's views concerning how or\nwhether any federal tobacco control legislation should address the tobacco industry's\nliability for past or future wrongdoing. The Center has made no concessions on the\nissue of liability and opposes granting the tobacco industry immunity from liability or any\nspecial protections against liability. Litigation against the tobacco industry and other\nindustries has been and continues to be a powerful public health tool. During the\nlegislative process the Center will oppose any effort to alter the legal system in any way\nthat would weaken the system's ability to protect the public health or that would permit\nthe tobacco industry or others the freedom to operate outside of the normal legal system\nor to engage in any behavior that would otherwise be sanctioned.\nThe Center does support the enactment of strong, comprehensive, effective tobacco\ncontrol legislation and will advocate for this legislation based on the needs of this\nnation's public health, not based on the demands of or the concessions sought by the\ntobacco industry. Our goal is to reduce the number of people who become addicted to\ntobacco products and who die or suffer as the result of tobacco use. Despite all of the\ndisclosures and progress of the last several years, tobacco use among children is up\nand the decline in adult tobacco usage has stopped. The need for decisive action to\nprotect the public health has never been greater. It is time for Congress to act and to\nact decisively.\nThe National Center supports national tobacco control legislation that, at a minimum.\nmust include a number of essential elements. These include: full FDA authority to\nregulate tobacco products and other nicotine products; significant increases in the price\nof tobacco products to drive down youth tobacco use; tough penalties against the\nindustry if reduced youth smoking targets are not met; a ban on marketing and\nadvertising aimed at children; no federal preemption of tougher state and local laws; the\nlargest anti-tobacco educational campaign ever undertaken; tough nationwide\nrestrictions on youth access to tobacco products; a nationwide well funded tobacco\ncessation effort; efforts to reduce tobacco use internationally; adequate funds and\nauthority to fully enforce the new rules; and consideration of the needs of tobacco\nfarmers. We will also oppose weak legislation and any legislation that undercuts our\npublic health goals now or the public health community's ability to deal with\nunanticipated actions by the tobacco industry in the future.\nThroughout the legislative process, the Center will evaluate any proposed legislation in\nits entirety, including any provisions relating to the tobacco industry's liability and the\nlegislation's impact on the ability of the civil justice system to protect the public health,\nfirst and foremost based on the proposal's overall impact on the public's health and its\npotential to reduce the number of people who die from tobacco use.\nJanuary 20, 1998 12:16 PM"
}