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OCR Page 1 of 76Don't let tobacco walk
Tobacco
tobacco litigation.
OPPOSING VIEW
In return, Big Tobacco seeks limits, or
companies
"caps," on compensatory damage awards
are still lying and denying. They
to smokers, and immunity from punitive
shouldn't get off so easily.
damages and future product liability law-
suits. Its shareholders are thrilled.
By Howard F. Twiggs
This deal should be rejected.
First, it would be precipitous. Until the
Big Tobacco - whose products kill eight
tobacco companies release all their docu-
times as many Americans each year as died
ments on nicotine's addictiveness, the haz-
in the entire Vietnam War and force us to
ards of smoking and how they preyed on
spend $50 billion annually in direct health-
children, the American people do not have
care costs - wants a federal government
the information they need even to consider
bailout for all its sins.
a settlement. Why cut a deal when Big To-
What's next? A monument in Washing-
bacco still refuses to tell the truth?
ton for the Marlboro Man?
Second, proof that these companies lied
As a native North Carolinian and former
about the hazards of smoking and nico-
state legislator, I have witnessed firsthand
tine's addictiveness should bring harsh
the raw power of Big Tobacco and how the
punishment, not a reward of immunity.
industry has deliberately deceived genera-
Any deal that imposes arbitrary legal limits
tions of Americans about the hazards of
or eliminates punitive damages is a sell-
cigarette smoking. Tobacco has killed rela-
out. Juries that hear the facts should decide
tives and friends.
whether punishment is necessary and, if so,
Big Tobacco unrepentantly denies that
what amount is appropriate.
smoking causes health problems, including
Finally, no one has authorized the par-
lung cancer and emphysema; that nicotine
ties currently at the bargaining table to rep-
is addictive; that it manipulates nicotine
resent future generations who will die of ac-
levels in cigarettes to keep smokers hooked;
tive or passive smoking. Any deal that
that it preys on children who cannot legally
bargains away the legal rights of future
purchase tobacco products; and that "sec-
claimants is ethically and morally debased.
ondhand" smoke is harmful.
Congress, which must approve any deal,
However, since the March settlement
should not give Big Tobacco a government
with the smallest American tobacco com-
bailout of immunity. Our policymakers
pany, the Liggett Group, this wall of denial
should ensure that the tobacco industry is
has begun to crumble. Industry documents
held fully accountable for its conduct and
are beginning to reveal the truth about nic-
not reward it for decades of deceit and ped-
otine and smoking. The tobacco cartel,
dling a lethal product.
which more than anything fears being held
accountable, wants to bargain, reportedly
Howard F. Twiggs practices law in Raleigh,
offering $300 billion (or more) to settle all
N.C.
USA TODAY
WEDNESDAY, MAY 14, 1997
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