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04/18/00 TUE 22:09 FAX 5 003 APR-13-2000 17:52 TOBACCO LITIGATION 202 353 7661 P.03/03 - -8- the other major tobacco companies and began pursuing a different course. No matter the outcome, I have no regrers and would do it all over again. Hearing Before the White House Task Force on the Global Tobacco Proposal, Aug. 5, 1997, at 3-4 (testimony of Bennett S. LeBow) (emphasis added). Mr. LeBow's decision sent Liggett in a new direction, forever severing Liggett's interests and actions from those of the other tobacco company defendants. In March 1997, Liggett final- ized settlement agreements with twenty additional states, which provided more far-reaching concessions and restrictions than Liggett's first settlement¹ President Clinton, reacting to the March 1997 settlements, said he "hope[d] the other tobacco companies will follow his [LeBow's] lead and rell the much and stop trying to sell their products-to adults and not to kids." Remarks on "Kick Butts Day" in Brooklyn, New York, 1997 PUB. PAPERS 437, 439 (Apr. 15, 1997). By the time this case proceeds to trial in 2003, Liggert will have a seven-year record of work in opposition to the alleged "enterprise" defined in the Complaint. D. Liggett's Polarization From Its Co-Defendants Pursuant to its initial settlement agreements, Liggett publicly acknowledged that cigarette smoking causes disease and is addictive, and became the only defendant to add the prominent warning "Smoking is Addictive" to all of its cigarette packages. See Mar. 20, 1997 Settlement Agreement ("1997 Agreement"), §§ 4.1, 4.2; see also David Phelps, A Tobacco Company Settles, Cigarette-Maker Concedes: Smoking is a Cause of Cancer, MINNEAPOLISST. PAUL STAR TRIB, Mar. 21, 1997, at LA Liggen also agreed to submit to unferrered jurisdiction by the Food & Drug Administra- tion and to comply with FDA regulations and other restrictions concerning the sale and distribu- non of cigarettes to children and adolescents. See 1997 Agreement $ 4.3.2 Liggert consented to settlement with 44 states. 1 By 1998, prior to entering into a "Master Settlement Agreement" with the other companies, Liggett entered into 2 in stark contrast. the other defendants have aggressively opposed FDA regulation through appeals that recendy proceeded to argument in the Supreme Court TOTAL P.03