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JAN-20-98 13:17 FROM: TOBACCO-FREE KIDS
ID:2022965427
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Draft # 3
STATEMENT ON LIABILITY
NATIONAL CENTER FOR TOBACCO-FREE KIDS
There has been some confusion about the National Center's views concerning liability.
The National 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. The National Center recognizes that litigation against the tobacco industry and
other industries has been and continues to be a powerful public health tool. During the
legislative process the National 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 subject
someone to sanctions.
The National Center does support the enactment of comprehensive, effective tobacco
control legislation and will advocate for the strongest, most effective possible tobacco
control legislation based on the needs of this nation's public health and 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 of the last several
years, tobacco use among children is up and the decline in adult tobacco usage has
stopped falling. 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 enough 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 advertising aimed
at children, no federal preemption of tougher state and local laws, the largest anti-
tobacco educational campaign ever, tough restrictions on youth access to tobacco
products, a nationwide 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 or
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 National 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 17, 1998 4:43 PM
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"ocrText": "JAN-20-98 13:17 FROM: TOBACCO-FREE KIDS\nID:2022965427\nPAGE\n4/4\nDraft # 3\nSTATEMENT ON LIABILITY\nNATIONAL CENTER FOR TOBACCO-FREE KIDS\nThere has been some confusion about the National Center's views concerning liability.\nThe National Center has made no concessions on the issue of liability and opposes\ngranting the tobacco industry immunity from liability or any special protections against\nliability. The National Center recognizes that litigation against the tobacco industry and\nother industries has been and continues to be a powerful public health tool. During the\nlegislative process the National Center will oppose any effort to alter the legal system in\nany way that would weaken the system's ability to protect the public health or that\nwould permit the tobacco industry or others the freedom to operate outside of the\nnormal legal system or to engage in any behavior that would otherwise subject\nsomeone to sanctions.\nThe National Center does support the enactment of comprehensive, effective tobacco\ncontrol legislation and will advocate for the strongest, most effective possible tobacco\ncontrol legislation based on the needs of this nation's public health and not based on\nthe demands of or the concessions sought by the tobacco industry. Our goal is to\nreduce the number of people who become addicted to tobacco products and who die or\nsuffer as the result of tobacco use. Despite all of the disclosures of the last several\nyears, tobacco use among children is up and the decline in adult tobacco usage has\nstopped falling. The need for decisive action to protect the public health has never\nbeen greater. It is time for Congress to act and to act 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 enough increases in\nthe price of tobacco products to drive down youth tobacco use, tough penalties against\nthe industry if reduced youth smoking targets are not met, a ban on advertising aimed\nat children, no federal preemption of tougher state and local laws, the largest anti-\ntobacco educational campaign ever, tough restrictions on youth access to tobacco\nproducts, a nationwide tobacco cessation effort, efforts to reduce tobacco use\ninternationally, adequate funds and authority to fully enforce the new rules, and\nconsideration of the needs of tobacco farmers. We will also oppose weak legislation or\nany legislation that undercuts our public health goals now or the public health\ncommunity's ability to deal with unanticipated actions by the tobacco industry in the\nfuture.\nThroughout the legislative process, the National Center will evaluate any proposed\nlegislation in its entirety, including any provisions relating to the tobacco industry's\nliability and the legislation's impact on the ability of the civil justice system to protect the\npublic health, first and foremost based on the proposal's overall impact on the public's\nhealth and its potential to reduce the number of people who die from tobacco use.\nJanuary 17, 1998 4:43 PM"
}