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Don'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