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JAN-20-98 13:17 FROM: TOBACCO-FREE KIDS ID:2022965427 PAGE 4/4 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"
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