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OCR Page 1 of 74TOBACCO-
LIABILITY
PREPARED STATEMENT OF DAVID W. OGDEN, COUNSELOR TO THE
ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE
Mr. Chairman, I am pleased to testify today on behalf of the Department of Justice
regarding the civil liability portions of the proposed tobacco settlement.
I.
Introduction
On September 17th of last year, and again in his State of the Union speech, the
President made clear his strong desire to work with this Congress in a bipartisan fashion to
enact national tobacco legislation. For our part, the Justice Department is eager to work
closely with this Committee and the Congress to ensure that sound, comprehensive legislation
is enacted. Smoking and the use of smokeless tobacco have had a devastating impact on our
society in terms of death and human suffering. This cycle of disease and death is renewed
each day, as 3,000 children and teenagers begin smoking regularly. The President and this
Congress are faced with an historic opportunity -- and profound responsibility -- to address
one of this country's greatest single health problems. We praise the hard work and
leadership of the President, the states' attorneys general and other public health advocates,
whose unwavering efforts have been instrumental in creating this opportunity. We offer the
following remarks in the hope of facilitating the development and passage of comprehensive
national legislation regarding tobacco products.
II.
Events Leading up to the Present Consideration of the Proposed Tobacco
Settlement
Working closely over the last several years, State and Federal officials have
dramatically altered the legal landscape faced by the tobacco industry. For decades,
individuals harmed by the use of tobacco had little recourse -- those that sued the tobacco
companies always lost and regulatory agencies took no action to regulate tobacco to prevent
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