6B
Monday, April 3,1995
UNIVERSITY DAILY KANSAN
States are joining smokers in the fight against the tobacco industry
The Associated Press
The tobacco industry has never given up a penny in a health-related lawsuit, but opponents say they may finally have found a winning strategy: a new, multi-front legal onslaught against cigarette manufacturers.
In four cases, states, not smokers, are the plaintiffs, seeking reimbursement for smoking-related health costs.
In other cases, smokers have sued on behalf of anyone hooked by nicotine in huge class actions seeking hundreds of billions in damages.
"The industry at this point is really on the run," said Richard Daynard, chairman of the Tobacco Products Liability Project, a public-health advocacy group in Boston.
Daynard acknowledged he had made similar statements before but called the new plaintiffs more appealing than those in past suits:
often ill smokers who had ignored decades of health warnings.
R. J. Reynolds Vice President Daniel Donahue and others in the industry said the tobacco interests would prevail, but he warned that such strategies ignored the bite a loss by cigarette makers could put on taxpayers.
"There doesn't appear to be anyone out there who's concerned about the effect that success by these politicians and lawyers would have on the economy of this country," he said.
Donahue predicted that if states succeeded in suits that sought to recoup from cigarette-makers the costs of Medicaid and other public health care associated with smoking, other industries would be next — from distillers, for alcoholism's costs, to grocers for their contribution to garbage.
Florida, Mississippi, West Virginia
and Minnesota have filed suit. None of the cases are expected to come to trial this year.
"We've been in touch with many, many other states about the possibility of their following suit. ... More than half the states, I'd say," said Tom Pursell, deputy attorney general in Minnesota, where the legal claims include antitrust violations and conspiracy.
Pursell said evidence indicated cigarette makers conspired to keep a supposedly safer product off the market because other products would be damaged by comparison — a contention industry representatives vehemently deny.
Besides the state-initiated suits, a new breed of class actions faces the industry. A New Orleans suit may turn out to be the largest ever lodged — with as many as 60 million plaintiffs.
In the case, anyone diagnosed by a
doctor as nicotine-dependent or who has tried unsuccessfully to stop smoking could be a plaintiff. Estimates of potential damages rise to $100 billion. A similar case in Florida seeks twice the amount, although tobacco industry officials scoff at the figures.
These suits rankle the tobacco companies, which already pay billions of dollars in taxes to the states, said Michael York, a lawyer for Philip Morris.
York also criticized a Florida law, currently being appealed, that makes it easier for companies to be sued.
"These lawsuits are a radical departure from the American judicial system. They assume liability and keep companies from mounting any kind of defense. It's not constitutional," York said. "It's more of apolitical stunt."
Many tobacco opponents agreed
with Pursell when he said, "All of the things that happened in Washington last winter and spring were cumulatively the trigger for these lawsuits."
Specifically, Food and Drug Administration Commissioner David Kessler helped "rip away the veil" during congressional testimony about decades of tobacco research, Pursell said.
Kessler called nicotine powerfully addictive, said cigarette vendors "control the levels of nicotine to satisfy this addiction" and suggested their product perhaps be regulated as a drug.
The tobacco industry strongly disputes Kessler, and executives voiced some relief after the November elections, which resulted in a Republican majority bent on freezing regulations such as those suggested by the FDA chief.
"The public wants less regulation.
What they're saying is, 'Stop these efforts at back-door prohibition.' said Alan Hilburg of the Smokeless Tobacco Council in Washington.
On the other side of the argument, the election means "basically a standstill" on tobacco reforms, said Cliff Douglas, former special counsel to anti-cigarette Rep. Martin Meehan, D-Mass.
"We should protect children. We should provide for fully informed consent for adults," Douglas said.
Patrick Rifflard, a class-action plaintiff from Orange County, N.Y., said he didn't know what he was starting when he picked up a cigarette at 13.
"I can't tell you how much I want to quit," he said. "I feel like I'm slowly being destroyed by cigarettes. It's very scary. I'm 47 years old. I've been smoking too long."
HARROURLIGHTS
9 Beers on tap Downtown
THE UNIVERSITY DAILY KANSAN
Is now accepting applications for the Business Manager and Editor positions for Summer and Fall 1995.
Applications may be picked up at the Kansan Business Office, 119 Stauffer-Flint or in the Dean's office, 200 Stauffer-Flint. Deadline for the Business Manager position is noon on Friday, April 7th. Deadline for the Editor position is noon on Monday, April 10th.
COMING SOON TO THE UNIVERSITY OF KANSAS
Silicon Graphics Computer Systems invites you to experience the latest in our computer technology.
On board our 70 ft. truck you will see our entire range of computers from our entry level Indy workstation to our high-end Onxy Graphics Supercomputer. Demonstrations will include desktop teleconferencing, digital media, VR simulation with surround sound, and creating home pages for the World Wide Web. Silicon Graphics software partners, Alias and Parametric Technology, will also be on board demonstrating solutions for animation and CAD applications.
When:
Where:
For More Info:
Wednesday, April 5th from 10AM-4PM Lied Center Parking Lot-West Campus Alex Ehrsam (913) 451-6980
Don't Miss this opportunity to see the leading computer vendor in visual processing.
Meet
Greg
Louganis
Olympic Diver and Author of Breaking the Surface published by Random House, Inc.
BOOKSIGNING
BREAKING THE SURFACE
KU Bookstores
Scheduled to Appear Wednesday, April 5th 12noon-1pm
Kansas Union, Level Two University of Kansas 864-4431
CPR can save a life in a heartbeat.
Apr. 10 & 12
Apr. 17 & 18
Apr. 24 & 26
MW 6-9 p.m.
MTu 6-9 p.m.
MW 6-9 p.m.
864-9570 to sign up.
Classes cover adult/child/infant CPR using American Heart Association materials. $5 training fee.
864-9500
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