Global Settlement of Tobacco Litigation: Hearing Before the Committee on Commerce, Science, and Transportation, United States Senate, One Hundred Fifth Congress, First Session, July 29, 1997

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Page 80 - ... women in scanty clothes flash alluring glances to the magazine or commuter audiences. The results are predictable. The young 13-year old male is attracted to the product as he dreams about the fast car that he might drive when he gets his license. The plump 14-year old girl begins smoking because she may become as thin and sexy as the model in the cigarette ad. And so begins their struggle to break the addiction into which they have been drawn. The realities may be that we can not reach the goal...
Page 9 - Commerce appropriations on the floor, which has been temporarily set aside until 11:30. I will include my statement in the record. Thank you. Mr. CHAIRMAN. Without objection. [The prepared statement of Senator Hollings follows:] PREPARED STATEMENT OF HON. ERNEST F. HOLLINGS, US SENATOR FROM SOUTH CAROLINA Mr. Chairman, I commend you for calling this hearing. Since the Commerce Committee is to be given the majority of the tobacco settlement agreement, it is imperative we begin our work with an oversight...
Page 48 - STATEMENT OF GRANT WOODS, ATTORNEY GENERAL OF ARIZONA Mr. WOODS. Thank you, Mr. Chairman, members of the committee. First I want to thank the Chairman for the opportunity to appear before this committee, and I thank him for inviting me here today. I think that from the days in 1982 when we walked the streets of Tempe and Mesa with the idea that the chairman would some day serve in this body, we have come a long way and the people of Arizona The CHAIRMAN.
Page 59 - Although there remains some doubt as to the proportion of the total lung cancer mortality which can fairly be attributed to smoking, scientific opinion in the USA does not now seriously doubt that the statistical correlation is real and reflects a cause and effect relationship.
Page 58 - all internal tobacco company documents that bear upon the public health must be disclosed," and that industry claims of attorney-client privilege or work-product privilege should be waived (Koop-Kessler Report, pages 16 and E-3). This is crucial. In its practical effect, the proposed settlement would allow these companies to conceal forever their smoking guns — a million pages of top secret documents they have hidden for decades behind claims of attorney-client privilege — documents no one has...
Page 80 - ... order to accomplish the public health goals, which AAP identifies later in this document. However, there is much within the settlement document that should be embraced, including: • Ban all vending machines, and place all tobacco products behind the counter and out of reach of consumers. • $500 million annual expenditure in multi-media campaigns designed to discourage and de-glamorize the use of tobacco products. • Federal law would not preempt state and local governments from retaining...
Page 57 - ... product liability theories — I said this industry must change its ways forever. It must obey the laws that all other businesses obey. It must tell the truth. It must pay damages commensurate with the harm it has caused. It must answer for what it has done. On May 2nd of this year, three weeks after I learned of the secret negotiations that had been begun by some of my colleagues, I wrote them a letter, setting out 14 searching questions I believe must be addressed in any proposed resolution...
Page 57 - ... own: a reprieve from destiny. And from justice. Now I know, as some of my colleagues are quick to remind me, that our lawsuits are not about putting tobacco companies out of business. That is not our place or our purpose. But neither is it our place to safeguard their ability to addict our children's children. Neither is it our place to protect them from juries of average Americans who threaten to bring them to justice. Neither is it our place to protect them from the whirlwind they will reap...
Page 79 - ... it is appropriate that the settlement document be the starting point from which congressional legislation is crafted but there are clearly changes that need to be made. The settlement must not been seen as the end, but rather the beginning. The AAP believes the industry has the ability to compromise more on key issues. There are a number of areas which need to be changed or strengthened in order to accomplish the public health goals, which AAP identifies later in this document. However, there...
Page 74 - But on the research issues, there is a provision on page 68, the last page, and we put this in for a reason, and I will read it. It says: No original laboratory research relating to the health or safety of tobacco products shall be withheld from either the FDA or the depository on grounds of attorney-client privilege or work product protection.

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