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Spokane, Washington  Est. May 19, 1883

Senate Begins Hearings On Tobacco Settlement Only Point Of Agreement: Minors Shouldn’t Smoke

Raja Mishra Knight-Ridder

Once again, Congress asked the CEOs of Big Tobacco if they think nicotine is addictive and, once again, the CEOs hedged.

The tense questioning Tuesday as the Senate began its hearings on the proposed national tobacco settlement showed a distrust of the tobacco industry that does not bode well for its passage. Sen. John McCain, R-Ariz., asked the CEOs if they think nicotine is addictive, giving them an opportunity to repudiate the infamous across-the-board denial of nicotine addiction by CEOs four years ago.

“Addiction in my view of the word means that people can’t quit. I wouldn’t use that word,” said Nicholas Brooks, CEO of Brown and Williamson.

McCain replied, “But you can quit hard drugs like cocaine. Would you say they’re not addictive?”

None of the five CEOs present would answer “yes” to the nicotine addiction question to the chagrin of Sen. Ron Wyden, D-Ore., who asked the question of them four years ago.

“I’m tired of playing word games. The words are a bit more artful than four years ago, but it’s like Yogi Berra said, it’s deja vu all over again.”

McCain added, “It was disappointing because we all know tobacco is addictive. It’s symbolically important they say it.” The CEOs delivered similar responses to the House last month, resulting in pessimistic predictions about a deal from some House members.

The only point of agreement between senators and tobacco executives Tuesday was minors should not be able to smoke or be the target of cigarette advertising. But even here, there was a catch. The CEOs said if they did not get the legal protections they are seeking, they would continue their current advertising strategies, some of which appeal to minors. Some senators read this as a threat.

“I’ve been quite taken aback by some of your statements,” said Sen. John Kerry, D-Mass., as he held up cigarette ads featuring glamorous women, sports cars and rock musicians he said attract teens despite the tobacco companies’ insistence they are targeted to adults.

Congress is considering granting tobacco companies legal immunity for any wrongdoing in the past and from all class action suits. Future individual lawsuits would be allowed. In exchange the companies would give the government $368.5 billion, voluntarily curb advertising and help make sure minors do not smoke. This framework was struck last summer during negotiations between states and the tobacco companies. It’s up to Congress to write the deal into law.

Pressure for a deal is high, as much of the hoped-for federal budget surplus depends on ringing money out of the tobacco companies.

On one side health advocates want no protections for the companies. On the other, tobacco-growing states worry hitting the tobacco companies means hitting tobacco farmers.

“These proposals are spinning out of control. We may just drive the companies bankrupt,” said Sen. Wendell Ford, R-Ky., a big tobacco-growing state. “That means thousands of jobs.”

Thursday, the state attorneys general who brokered the tobacco deal will testify before the committee. Michael Moore, Mississippi’s attorney general and the lead tobacco negotiator, sat in on Tuesday’s session and was annoyed by the rancor from the senators.

“Congress has to decide whether it’s more important to save lives and stop kids from smoking than to worry about (legal) liability problems,” he said.