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Peter Jennings Reporting - From The Tobacco File: Untold Stories Of Betrayal And eglect

Air !ate: "#$#%&

Peter Jennings '(oice O)er* This is a program abo+t the po,er of big tobacco- And the fail+re of the .ongress to do anything abo+t itKenneth Warner Professor of P+blic /ealth0 Uni)ersity Of 1ichigan Congress, which is essentially bought by the tobacco industry, isn't willing to act to save literally tens of millions of American lives. Peter Jennings '(oice O)er* B+t this is also a program abo+t the fail+re of the co+ntry2s p+blic health leaders- They s3+andered an opport+nity to sa)e millions of li)esSenator John McCain Rep+blican0 Ari4ona Look what we ended up with, which is a debacle. Peter Jennings '(oice O)er* The Federal go)ernment reg+lates the smo5e that comes o+t of cars0 and o+t of factories- B+t today0 it still does not reg+late the smo5e that comes from a cigarette. Peter Jennings Hello, I'm eter !ennings. "e have kept a tobacco file at A#C $ews for more than %& years. And by the late '((&s, many people thought that government and the tobacco industry and the public health community had finally made real progress in the campaign against smoking. )onight, we're going to tell you three disturbing stories which will show you how that is wrong, and why cigarettes are still the country's number one killer. 6raphics: Peter Jennings Reporting From The Tobacco File 6raphics: Untold Stories Of Betrayal And Anno+ncer eglect

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Peter Jennings Reporting: From The Tobacco File

eter !ennings *eporting +rom )he )obacco +ile. ,ntold -tories .f #etrayal And $eglect, "ill Continue In A /oment. .ommercial Brea5 6raphics: Peter Jennings Reporting From The Tobacco File 6raphics: Untold Stories Of Betrayal And 6raphics: The Perfect Storm Peter Jennings '(oice O)er* For decades0 it ,as good to be big tobacco- The p+blic didn2t tr+st the tobacco companies0 b+t the shareholders did- Tobacco ,as e7traordinarily profitable- Tobacco ,as 5illing almost &8%0%%% people e)ery year- B+t the tobacco companies ne)er had to pay a penny in la,s+its against themMatt Meyers .ampaign for Tobacco-Free 9ids Anyone who thought they could outsmart the tobacco industry had been taken for a fool. Peter Jennings '(oice O)er* 1att 1yers has been a p+blic health ad)ocate for :% years- The tobacco ind+stry ,as his enemyMatt Meyers .ampaign for Tobacco-Free 9ids )he tobacco industry has been willing to use any tactic whatsoever in order to prevent responsible legislation or action to reduce tobacco use. Peter Jennings And had beat back challenge after challenge after challenge from the public health. Matt Meyers .ampaign for Tobacco-Free 9ids And it literally crushed challenge after challenge after challenge. Peter Jennings '(oice O)er* And then0 in ;""&0 big tobacco began to lose its edgeMatt Meyers .ampaign for Tobacco-Free 9ids '((0 was potentially the most important year in tobacco control since the '(10 surgeon general's report. eglect

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Peter Jennings Reporting: From The Tobacco File

Peter Jennings '(oice O)er* <n ;""&0 !a)id 9essler0 the commissioner of the Food and !r+g Administration0 set o+t to reg+late tobacco. Peter Jennings '(oice O)er* !a)id 9essler said cigarettes ,ere dr+gs and the tobacco companies 5ne, itDavid Kessler Former .ommissioner0 Food and !r+g Administration -ome of today's cigarettes may, in fact, 2ualify as high3technology, nicotine delivery systems. Peter Jennings '(oice O)er* 9essler said it ,as time for the Federal go)ernment to reg+late ho, cigarettes ,ere made and ho, they ,ere mar5etedDavid Kessler Former .ommissioner0 Food and !r+g Administration )hese findings lay to rest any notion that there is no manipulation and control of nicotine undertaken in the tobacco industry. Peter Jennings '(oice O)er* e)er before had a go)ernment official ta5en on the big tobacco companies- !a)id 9essler ,as portrayed as a heroMitch eller Food and !r+g Administration0 ;""=-:%%% )he political power of the tobacco industry had left all past +ood and 4rug Administrations really too scared to even try to do what 5essler started in '(0. Peter Jennings '(oice O)er* <t ,as a famo+s moment- For the first time e)er0 the .>Os of se)en tobacco companies testified before the .ongressFederal J!dge" Male lease consider yourself to be under oath. Tobacco Company C#$ I don't believe that nicotine or our products are addictive. Tobacco Company C#$ I believe nicotine is not addictive.

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Peter Jennings Reporting: From The Tobacco File

Tobacco Company C#$ I believe that nicotine is not addictive. Tobacco Company C#$ I believe that nicotine is not addictive. Peter Jennings '(oice O)er* >)eryone belie)ed they ,ere lyingMatt Meyers .ampaign for Tobacco-Free 9ids $ow I don't think tobacco e6ecutives ever set out to kill people. )hey 7ust didn't care if they killed people if it would make them more money. Walter Cron%ite .BS e,s )he #rown and "illiamson tobacco corporation had research as early as '(18. Peter Jennings '(oice O)er* Tho+sands of secret ind+stry doc+ments re)ealed that the tobacco companies 5ne, cigarettes ,ere deadly- The companies co)ered it +pPhilip Morris #mployee I was employed at the hilip /orris *esearch Center in *ichmond, 9irginia, as an associate scientist. Peter Jennings '(oice O)er* The scientists re)ealed ho, company research sho,ed that nicotine ,as addicti)e- The companies co)ered it +pPhilip Morris #mployee )he lab was really 2uite secretive ... Peter Jennings '(oice O)er* A parade of ,histleblo,ers in the tobacco ind+stry spilled big tobacco2s innermost secrets- And an a)alanche of la,s+its against the companies began&ttorney )heir words, :we're in the nicotine delivery business.: Peter Jennings '(oice O)er* Smo5ers s+ed- And then0 go)ernments s+ed-

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Peter Jennings Reporting: From The Tobacco File

Peter Jennings +or the first time, a state government is taking the tobacco industry to court on behalf of the ta6payers. Peter Jennings '(oice O)er* <n ;""&0 1i5e 1oore ,as the Attorney 6eneral of 1ississippi- /e ,o+ld become the tobacco companies2 nemesisMi%e Moore Former Attorney 6eneral of 1ississippi All my friends told me this is the last political thing you'll ever do. I really didn't care. I knew it was the most important thing that I'd ever do in my life. Peter Jennings "hat were you hoping to achieve; Mi%e Moore Former Attorney 6eneral of 1ississippi "ell, what we were hoping to achieve is that we would change the practices of the tobacco industry, make them tell the truth about their product. Peter Jennings '(oice O)er* For the )ery first time0 big tobacco ,as in tro+ble'ancy Ka!(man Robert ?ood Johnson Fo+ndation ;"";-:%%: eople saw the tobacco industry falling down on their knees in a really weak position and almost became giddy about it, you know; :"e're winning. "e're winning.: "e'd get these phone calls. )here'd be e3mails. :Look what's happening to them now.: '(oice O)er* Peter Jennings ancy 9a+fman has been fighting the tobacco ind+stry for years-

'ancy Ka!(man Robert ?ood Johnson Fo+ndation ;"";-:%%: )here were actually people in the public health community saying that the tobacco industry was going to be out of business because of what we had been doing. Steve Parish Philip 1orris0 Altria 6ro+p It seemed like everyday there was a new assault, a new article in the, in the paper, new allegations, new stories on television. It 7ust seemed like it was never going to end.

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Peter Jennings Reporting: From The Tobacco File

Peter Jennings '(oice O)er* Ste)e Parish- /e ,as a senior e7ec+ti)e for Philip 1orris0 in the ;""%so,0 he ,or5s for its parent company0 AltriaPeter Jennings In those days, I don't think I'd even been allowed in the building. Steve Parish Philip 1orris0 Altria 6ro+p I'm sure you wouldn't have been. Any member of the news media would have been barred from our building. I'm sure that's true. Peter Jennings '(oice O)er* Today0 for the first time0 1r- Parish re)eals ,hat it ,as li5e inside an ind+stry +nder siegeSteve Parish Philip 1orris0 Altria 6ro+p It seemed like '((0 was the year of the perfect storm. )here was a sea3change in attitudes about the tobacco industry in the ,nited -tates. &nti)Tobacco Spea%er )he tobacco tide has turned in America. &nti)Tobacco Spea%er )hey are purveyors of death. &nti)Tobacco Spea%er !ust say no to the tobacco industry. &nti)Tobacco Spea%er )he tobacco industry's engaged in a life and death struggle for its future. Peter Jennings '(oice O)er* Ten years ago0 the p+blic health ad)ocates belie)ed that big tobacco2s do,nfall ,as ine)itable6raphics: Peter Jennings Reporting From The Tobacco File 6raphics: Untold Stories Of Betrayal And Anno+ncer eter !ennings *eporting +orm )he )obacco +ile, "ill *eturn In A /oment. eglect

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Peter Jennings Reporting: From The Tobacco File

.ommercial Brea5 6raphics: Peter Jennings Reporting From The Tobacco File 6raphics: Untold Stories Of Betrayal And 6raphics: The !eal Peter Jennings '(oice O)er* <n the ;""& election0 the tobacco companies0 as +s+al0 po+red h+ge money into the campaigns of their political friendsPeter Jennings '(oice O)er* :-=rds of the money ,ent to Rep+blicansSenator *ob Dole Rep+blican0 9ansas "e're winning, we're winning, we're winning. Peter Jennings '(oice O)er* And ,hen Rep+blicans ,on control of the .ongress0 any notion of tobacco2s do,nfall ,ent right o+t the ,indo,- On the .ommerce .ommittee0 the !emocratic .hairman ,ho had made the companies s,ear to tell the tr+th ,as replaced by the Rep+blican0 Thomas Bliley0 from (irginiaThomas *liley .hairman of .ommerce .ommittee "e have witnessed an unprecedented assault on tobacco. Peter Jennings '(oice O)er* Bliley ,as often referred to as the .ongressman from Philip 1orrisThe ne, Spea5er of the /o+se0 e,t 6ingrich0 made it crystal clear ,hat he tho+ght of the plan at the Food and !r+g Administration to reg+late tobacco'e+t ,ingrich Spea5er of The /o+se I think the +4A has lost its mind. Peter Jennings '(oice O)er* B+t t,o years later0 by ;""@0 beyond the belt,ay0 the g+erilla ,ar against the tobacco companies ,as heating +p- The Attorney 6eneral of 1ississippi0 1i5e 1oore0 had managed to con)ince ;" other attorneys general to Aoin him in colossal la,s+its against the tobacco ind+stryeglect

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Peter Jennings Reporting: From The Tobacco File

Mi%e Moore Former Attorney 6eneral of 1ississippi -mokers always lose when they sue the tobacco industry because tobacco companies always say, :yeah, it may be bad. #ut you made the choice.: )he state was in a different position. )he smoker smokes. )obacco companies sell cigarettes. )he state pays for treating people with disease. -o, we figured that the state wouldn't be condemned to the defense of :you smoke.: Peter Jennings rior to '((0, the tobacco industry had been sued many, many times in court. "hat was their record; Mi%e Moore Former Attorney 6eneral of 1ississippi )he tobacco companies had beaten the heck out of everybody that they'd ever taken on. $obody had ever beaten the tobacco industry. Peter Jennings '(oice O)er* P+blicly0 the tobacco companies ,ere defiantSteve Parish Philip 1orris0 Altria 6ro+p )his lawsuit and the theory of this lawsuit is not supported by the law of /ississippi or any other state. Peter Jennings '(oice O)er* B+t pri)ately0 they ,ere terrified- Ste)e Parish tells +s today they ,anted nothing more than to ma5e a dealSteve Parish Philip 1orris0 Altria 6ro+p "e sensed a sea3change about, not 7ust the product, but about the people in the industry. And if you have that sort of a shift in attitude, you're not going to survive for long. )he notion that we could always fight and win, those days had to end. "e 7ust couldn't do that anymore. Peter Jennings "hat did hilip /orris want to get out of a settlement; Steve Parish Philip 1orris0 Altria 6ro+p eace, in a word. "e were looking for peace. "e were trying to convince the other side to let us surrender.

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Peter Jennings Reporting: From The Tobacco File

Peter Jennings '(oice O)er* The .linton administration tho+ght that a settlement ,as in the p+blic interest- The ?hite /o+se enco+raged 1i5e 1oore to meet ,ith the ind+stry- And 1oore agreed0 on one conditionMi%e Moore Former Attorney 6eneral of 1ississippi )he first rule that we set down for these negotiations was, I don't want to meet with any more lawyers. I want to see the C<.s and look them in the eye. =ou know, they say they want to settle. )hey say they want to tell the truth. )hey want to change the industry's practices. I want to look at them eye to eye and 7udge that sincerity. Peter Jennings '(oice O)er* On April the =rd0 ;""B0 at the Sheraton /otel o+tside ?ashington0 in great secrecy0 the .>Os of Philip 1orris and RJ Reynolds sat do,n ,ith 1i5e 1oore and one of the most tr+sted p+blic health ad)ocates in the co+ntry0 1att 1yersMatt Meyers .ampaign for Tobacco-Free 9ids It was really an e6traordinary meeting. It began with the C<. of hillip /orris and *! *eynolds saying that they were prepared to make the kind of fundamental change that was probably unimaginable to us, even days before. Peter Jennings '(oice O)er* The ind+stry opened ,ith an offer to ma5e dramatic changes- They ,ere e)en open to reg+lation by the Food and !r+g Administration- And as a symbolic gest+re0 the companies offered to gi)e +p t,o of their ad)ertising iconsSteve Parish Philip 1orris0 Altria 6ro+p )he chairman of hilip /orris said, :we are prepared to give up the /arlboro /an and *! *eynolds is prepared to give up !oe Camel.: And I think that got people's attention. Mi%e Moore Former Attorney 6eneral of 1ississippi "e're 7ust on the other side of the table, of course, we're going, this is great. I mean, this is wonderful. )he /arlboro /an is the biggest advertising icon in the world. And within a day and a half, we had the agreement that the /arlboro /an was going to be dead. Peter Jennings 4id you ever think that a moment like this might come;

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Peter Jennings Reporting: From The Tobacco File

Matt Meyers .ampaign for Tobacco-Free 9ids It never dawned on me that we could put ourselves in a position where the tobacco industry would 3feel the need to make the kind of concessions that they were prepared to make. Peter Jennings '(oice O)er* The companies said they ,ere ready to pay h+ndreds of billions of dollars in health care costs for ,hich they had been s+ed- B+t in ret+rn for all this0 they ,anted something- They ,anted some imm+nity from la,s+its- Other,ise0 they said0 the companies ,o+ld not s+r)i)eMi%e Moore Former Attorney 6eneral of 1ississippi .f course they didn't deserve anything. #ut if they were going to support the deal, they needed to get something out of it. .therwise, it's not a deal. Peter Jennings '(oice O)er* The secret negotiations mo)ed along 3+ite 3+ic5ly- B+t then0 someone tal5ed to a reporterPeter Jennings "hen the news of these talks leaked to the public health community, what was their reaction; Matt Meyers .ampaign for Tobacco-Free 9ids An e6plosion unlike the public health community has ever seen before. Peter Jennings 4id others in the public health community think you were a traitor at that stage; Matt Meyers .ampaign for Tobacco-Free 9ids =es, absolutely. &nti)Tobacco Spea%er It's inconceivable to me that anybody representing the public interest ought to be sitting there and negotiating immunity for the tobacco industry. &nti)Tobacco Spea%er )he time is not right for settlement. )he tobacco industry must be held accountable.

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Peter Jennings Reporting: From The Tobacco File

&nti)Tobacco Spea%er )he industry must not be allowed to bail itself out from their decades of lies and deceit. Peter Jennings >(oice O)er* 1ost of the big players in the p+blic health comm+nity ,ere o+traged'ancy Ka!(man Robert ?ood Johnson Fo+ndation ;"";-:%%: )hey absolutely ob7ected to ever making any sort of deal with the tobacco industry. )heir goal was to put the tobacco industry out of business. Peter Jennings '(oice O)er* (irt+ally no one said a ,ord abo+t the h+ge concessions the tobacco companies ,ere ma5ing- All the foc+s ,as on the offer of legal protection to the ind+stryDavid Kessler Former .ommissioner0 Food and !r+g Administration If negotiators, other negotiators around the table want to stand up this weekend or whenever they want to stand up and say there is an agreement, they do that at their peril. Peter Jennings '(oice O)er* !a)id 9essler2s p+blic attac5 on the negotiators ,as a s+rprise to 1oore and 1yers- They ,ere ,inning concessions from the ind+stry on all the iss+es that 9essler had fo+ght forMi%e Moore Former Attorney 6eneral of 1ississippi I think our deal was absolutely a good deal because what we got on the other side was +4A regulation of nicotine. Hopefully, the effect of that was going to drive down the number of addicts, drive down the number of deaths and disease. If we could cut the deaths and disease by half, I don't care how much money it'd save the tobacco industry. Peter Jennings '(oice O)er* !espite the protests0 the negotiations contin+edMi%e Moore Former Attorney 6eneral of 1ississippi )he last two days of negotiations have been rocky and hard and tough and brutal, sometimes mean.

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Peter Jennings Reporting: From The Tobacco File

Mi%e Moore Former Attorney 6eneral of 1ississippi 4ecided we'd stop by and say hello. Peter Jennings '(oice O)er* The ?hite /o+se 5ept enco+raging the negotiatorsMi%e Moore Former Attorney 6eneral of 1ississippi "hat I consistently hear from the "hite House is our number one concern is the public health of this country. Peter Jennings '(oice O)er* And then0 on J+ne the :%th0 ;""B0 after months of contentio+s bac5 and forth0 the attorneys general and the tobacco companies anno+nced they had reached a settlementMi%e Moore Former Attorney 6eneral of 1ississippi I've got the most important pubic health plan in history right here. "e wanted to do something that would punish this industry for their past misconduct. And we have done that. Peter Jennings '(oice O)er* The states had e7tracted more from big tobacco than anyone had e)er imagined possible- The companies ,o+ld ban ad)ertising billboards and )ending machines6raphics: Ban Ad)ertising Billboards And (ending 1achines 6raphics: Stronger ?arning Cabels 6raphics: F+ll !isclos+re 6raphics: Stop 1ar5eting To .hildren 6raphics: D=@$ Billion To States 6raphics: F+nd Anti-Smo5ing .ampaigns 6raphics: 6o)ernment Reg+lation Peter Jennings '(oice O)er* There ,o+ld be stronger ,arning labels on cigarette pac5ages and f+ll disclos+re of ,hat ,as in a cigarette- The companies ,o+ld stop mar5eting to

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Peter Jennings Reporting: From The Tobacco File

children- The companies ,o+ld pay D=@$ billion to settle the states2 la,s+its- They ,o+ld f+nd anti-smo5ing campaigns on a permanent basis- And the companies agreed to be reg+lated by the go)ernmentMi%e Moore Former Attorney 6eneral of 1ississippi "e thought we had accomplished something huge for this country. "e 7ust had dreams that the public health of this country was going to be improved. It was a very emotional day. It really was. 9ery e6citing day, but very emotional. Peter Jennings '(oice O)er* There ,as A+st one more thing to do- The agreement had to be t+rned into a Federal la,0 passed by the .ongress and signed by the presidentMi%e Moore Former Attorney 6eneral of 1ississippi )o the "hite House. Peter Jennings '(oice O)er* As 1i5e 1oore left for the ?hite /o+se0 he had e)ery reason to belie)e that President .linton ,o+ld be e7citedMi%e Moore Former Attorney 6eneral of 1ississippi #efore we announced the settlement, they said, :here's what the president's going to say.: )hey read it to me. Senator *ob Dole Rep+blican0 9ansas "hat was the president going to say; Mi%e Moore Former Attorney 6eneral of 1ississippi He was going to say, :this is a wonderful improvement in the public health. )his is going to do great things.: I mean, he put his arms around it. Steve Parish Philip 1orris0 Altria 6ro+p "e had been led to believe all along the way that the substance of that agreement would be endorsed by the "hite House. Peter Jennings "hat happened;

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Peter Jennings Reporting: From The Tobacco File

Steve Parish Philip 1orris0 Altria 6ro+p It never came. Peter Jennings '(oice O)er* For some reason the president ,as bac5ing offPresident *ill Clinton )hese folks have been working hard. And they've done their best. And now, we should look at it and make our 7udgments. Peter Jennings '(oice O)er* Translation0 something had changed- The president2s s+pport ,as no, in 3+estion- The settlement ,as in tro+ble6raphics: Peter Jennings Reporting From The Tobacco File 6raphics: Untold Stories Of Betrayal And Anno+ncer eter !ennings *eporting +rom )he )obacco +ile, "ill *eturn In A /oment. .ommercial Brea5 6raphics: Peter Jennings Reporting From The Tobacco File 6raphics: Untold Stories Of Betrayal And 6raphics: The Betrayal Peter Jennings '(oice O)er* At the beginning of ;""$0 1i5e 1oore ,as one of the loneliest men in ?ashington- The settlement ,ith the tobacco companies ,as in limbo- The .linton ?hite /o+se ,asn2t p+shing it- And 1i5e 1oore ,as still being attac5ed by the p+blic health comm+nityMi%e Moore Former Attorney 6eneral of 1ississippi )hey kept telling us, we don't need this settlement. "e'll get incremental improvements in the public health. ='all 7ust go back to /ississippi and wherever else and settle your little lawsuits. And we'll take care of this big picture up here in "ashington. eglect eglect

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Peter Jennings Reporting: From The Tobacco File

Peter Jennings '(oice O)er* B+t 1oore ,as not ready to gi)e +pMi%e Moore Former Attorney 6eneral of 1ississippi <veryday we delay, 8,&&& more kids start smoking and ',&&& of them are gonna die. Peter Jennings '(oice O)er* And after nine months of lobbying to t+rn the settlement into a la,0 he fo+nd an ally in Senator John 1c.ainMi%e Moore Former Attorney 6eneral of 1ississippi If I had to get into a hole with somebody and fight to the end, it would be !ohn /cCain, because he doesn't get out and doesn't give up until the fight's completely over, until you've won. Senator John McCain Rep+blican0 Ari4ona )his was an industry that had lied and deceived in the face of overwhelming scientific evidence, which they had accumulated, and caused the needless death and in7ury to I don't know how many, how many Americans. Peter Jennings '(oice O)er* 1c.ain ,as chairman of the Senate .ommerce .ommitteeSenator John McCain Rep+blican0 Ari4ona .ur first priority with this proposed legislation is to prevent kids from smoking. Peter Jennings '(oice O)er* <n only three ,ee5s0 +sing 1i5e 1oore2s settlement as ra, material0 1c.ain drafted a comprehensi)e tobacco control bill that ,as m+ch to+gher on the ind+strySenator John McCain Rep+blican0 Ari4ona And the bill we've agreed upon is tough medicine for a tough problem. Matt Meyers .ampaign for Tobacco-Free 9ids -enator /cCain set out systematically to look at the flaws in the '((? settlement and to correct them. He listened to everybody who had a criticism of the '(? settlement.

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Peter Jennings Reporting: From The Tobacco File

Peter Jennings '(oice O)er* 1c.ain relied on the no, former F!A .ommissioner0 !a)id 9essler0 and the retired s+rgeon general0 .- >)erett 9oop0 to draft a bill they ,o+ld s+pportDavid Kessler Former .ommissioner0 Food and !r+g Administration He cleaned up in that legislation much of the problems we had with the public health measures. Mi%e Moore Former Attorney 6eneral of 1ississippi =ou know, they added money to it. )hey added some provisions. )hey tightened up some +4A regulations. Increased the advertising and marketing restrictions. And you know, grew a @81A billion bill into about a @BB& billion bill. Peter Jennings )he public health components of the /cCain bill went beyond any public health advocates' wildest dreams. David Kessler Former .ommissioner0 Food and !r+g Administration Absolutely. )hey really were everything that we could have ever asked for. Peter Jennings '(oice O)er* B+t no, the tobacco companies ,ere getting an7io+s- The companies had agreed to lobby their allies in .ongress to s+pport a settlement- B+t no,0 they tho+ght the legislation ,as getting too p+niti)eSteve Parish Philip 1orris0 Altria 6ro+p )he costs kept going up because there was a perception that we'd agree to anything because we were desperate. Matt Meyers .ampaign for Tobacco-Free 9ids "e had to be careful that we were becoming, coming perilously close to the point where the tobacco industry would walk away from the agreement. Peter Jennings '(oice O)er* The companies ,ere still insisting on some legal protection from la,s+its in ret+rn for the p+blic health benefits- !a)id 9essler ,as rel+ctant-

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Peter Jennings Reporting: From The Tobacco File

David Kessler Former .ommissioner0 Food and !r+g Administration )he 2uestion was whether we were going to trade one for the other. )he 2uestion was, were we going to make the ultimate deal; Peter Jennings '(oice O)er* To satisfy the p+blic health comm+nity0 1c.ain2s bill ass+red that the companies co+ld be held liable for +nlimited s+ms of money if they lost in co+rt- B+t he did gi)e the companies something0 a limit on ho, m+ch they ,o+ld ha)e to pay in a single year0 si7 and a half billion dollarsSenator John McCain Rep+blican0 Ari4ona It gave them limited liability protection. In my view, it was appropriate, particularly since we were getting hundreds of billions of dollars to conduct anti3smoking and, programs and treatment of tobacco3related illnesses. I'm very pleased to convene this morning's e6ecutive session to mark up comprehensive, bipartisan tobacco legislation. Peter Jennings '(oice O)er* On April the ;st0 ;""$0 in the commerce committee0 ,hich had many allies of the tobacco ind+stry on it0 1c.ain ,as able to accomplish the +nthin5ablePeter Jennings '(oice O)er* The bill ,as appro)ed in committee by ;" to one- Senator Ashcroft )oted against itPeter Jennings '(oice O)er* /e said at the time0 it ,asn2t to+gh eno+ghSenator John McCain Rep+blican0 Ari4ona )he bill will be placed on the calendar and reported to the -enate. And this markup is ad7ourned. Senator John McCain Rep+blican0 Ari4ona I was near euphoric because we'd worked so hard to work it through the committee in a vote of '( to one. I thought we were on our way. Senator John McCain Rep+blican0 Ari4ona )his is a great tribute to your leadership.

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Peter Jennings Reporting: From The Tobacco File

Peter Jennings '(oice O)er* This all meant the tobacco companies ,o+ld pay billions of dollars to help people 3+it smo5ing0 especially teenagers- And the go)ernment ,o+ld finally control ho, cigarettes ,ere made and sold- 1illions of li)es might be sa)ed>)eryone belie)ed the bill ,as no, on its ,ay to becoming la,Matt Meyers .ampaign for Tobacco-Free 9ids )he day that the -enate Commerce Committee approved -enator /cCain's bill was the day the public health community should have re7oiced. Peter Jennings '(oice O)er* B+t that is not ,hat happenedC- #verett Koop Retired S+rgeon 6eneral Indeed if you told me that this segment had been written by a representative of the tobacco industry, I would fully believe you. Peter Jennings '(oice O)er* .- >)erett 9oop and !a)id 9essler0 the t,o leading p+blic health ad)ocates in the co+ntry0 attac5ed the legislationDavid Kessler Former .ommissioner0 Food and !r+g Administration $o bill is better than a watered down bill. Senator John McCain Rep+blican0 Ari4ona I was deeply, deeply disappointed at the behavior of both of them. Peter Jennings 4id you believe that 4r. 5essler and 4r. 5oop would support your legislation; Senator John McCain Rep+blican0 Ari4ona )here's not a doubt in my mind. )hey both personally assured me that they would. Peter Jennings How important was it to have their support; How critical to the legislation; Senator John McCain Rep+blican0 Ari4ona .h, it was, it was very critical. )hey were two of the most respected men in America on this issue. And it was, it was critical.

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Peter Jennings Reporting: From The Tobacco File

Peter Jennings -enator /cCain said that you gave him assurance that you would support the bill with liability protection in it. #ut you changed your mind and he doesn't know why. David Kessler Former .ommissioner0 Food and !r+g Administration It really was the, you know, the ultimate bargain put in front of you. <verything you ever worked for, everything you ever wanted, you could have. #ut there's only one little catch. "hy do you have to tie those public health measures to legal liability protection for the industry; Peter Jennings erhaps it's the only way to get a deal. David Kessler Former .ommissioner0 Food and !r+g Administration "hy; #ecause you have to pay off the industry; Peter Jennings And you were prepared to ignore all of the public health components based on the @1.B billion liability protection on an annual basis. David Kessler Former .ommissioner0 Food and !r+g Administration It's not about the dollars. It's about assuring the industry its future. Peter Jennings -ome people would say that you are too deeply engaged in the war, and unable to recogniCe a peace settlement. David Kessler Former .ommissioner0 Food and !r+g Administration eace with the industry; I'm not going there. Steve Parish Philip 1orris0 Altria 6ro+p I think a lot of us were surprised. In fact, someone, I remember, made the comment to me, these guys don't know how to say yes. Peter Jennings '(oice O)er* And ,hen 9essler and 9oop attac5ed the bill0 the tobacco companies tho+ght a bad sit+ation co+ld only get ,orse-

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Peter Jennings Reporting: From The Tobacco File

Peter Jennings '(oice O)er* So they t+rned against the settlement- And in a h+ge ad campaign0 they no, cast the legislation as a ta7 increaseSenator" Female I don't like this bill. Peter Jennings '(oice O)er* Pro-tobacco Senators0 ,ho already tho+ght the legislation ,as too to+gh on the ind+stry0 co+ld no, oppose the bill +sing !r- 9oop2s and !r- 9essler2s criticism as amm+nitionSenator #ut we have provisions in the bill that protect the tobacco companies. Senator I say let's go get the tobacco companies. #ut let's talk the right talk. Peter Jennings '(oice O)er* The legislation died in the f+ll Senate- Senator 1c.ain is con)inced to this day that landmar5 legislation ,as defeated by the t,o great pillars of the p+blic health comm+nity0 9essler and 9oopSenator John McCain Rep+blican0 Ari4ona I think history will show that they s2uandered a historic opportunity. And now, we have a situation where none of their goals are being met. Peter Jennings )he irony here, one could argue, is that some of the leading public health officials in the country and the tobacco companies ended up on e6actly the same side. Senator John McCain Rep+blican0 Ari4ona )hey did. And they succeeded in killing the legislation. Mi%e Moore Former Attorney 6eneral of 1ississippi "e knew we'd get attacked from the right. "e never anticipated that the far left would attack us. 5essler became part of that and 5oop became part of that. "e never anticipated you'd get shot from the front and shot from the back. I never figured that out. Peter Jennings It was the most comprehensive anti3tobacco bill ever.

21
Peter Jennings Reporting: From The Tobacco File

David Kessler Former .ommissioner0 Food and !r+g Administration And we will get there, eter. Peter Jennings #ut have you ever thought that you might have to wait a very long time in order to get the public health components that would satisfy you; And that it would take so long that many people might needlessly die; David Kessler Former .ommissioner0 Food and !r+g Administration I understand that there are down sides, to waiting. )he 3 regrettably, people continue to die. #ut we need to get this right. And we need to get this right for the duration. Peter Jennings '(oice O)er* In the si6 years since the /cCain bill failed, the Congress has not passed a single piece of tobacco control legislation, and two and a half million more Americans have died from smoking. Matt Meyers .ampaign for Tobacco-Free 9ids )he division in the public health community contributed to the failure. And in the end, I think, caused us to lose an opportunity that was truly, although I hope I'm wrong, a once in a lifetime opportunity. It's a tragedy. 6raphics: Peter Jennings Reporting From The Tobacco File 6raphics: Untold Stories Of Betrayal And Anno+ncer eter !ennings *eporting +rom )he )obacco +iles, "ill *eturn In A /oment. .ommercial Brea5 6raphics: Peter Jennings Reporting From The Tobacco File 6raphics: Untold Stories Of Betrayal And 6raphics: And The ?inner <s--Peter Jennings .ur ne6t story from the tobacco file is about betrayal and neglect. After the /cCain bill failed in the Congress, the individual states made a collective settlement of their eglect eglect

22
Peter Jennings Reporting: From The Tobacco File

lawsuits against the tobacco companies. )here would be no government regulation of how cigarettes are manufactured. #ut they agreed on a few marketing restrictions. And the companies agreed to pay the states @%01 billion over %B years. )he states promised they would use much of the money in the fight against smoking. And then, the states went out and broke the promise. Peter Jennings '(oice O)er* (irginia +sed some of the tobacco money to pay for ne, seats at a speed,ay- e, Eor5 bo+ght sprin5lers and golf carts for this co+rse near B+ffalo6eorgia +sed tobacco money to reno)ate a hotel- Alabama helped f+nd a boot camp for teenagers0 nothing to do ,ith smo5ing- And orth .arolina act+ally spent some of its tobacco settlement money on a tobacco ,areho+se0 A+st li5e this oneSenator John McCain Rep+blican0 Ari4ona I think it's obscene and outrageous. And it's enough to make an innocent a little cynical. Peter Jennings 4id people come to you and make promises that they would use this money; Senator John McCain Rep+blican0 Ari4ona .h, sure. Peter Jennings +or public health and for tobacco control; Tobacco Company C#$ )he commitment was made by the $ational Dovernors' Association, the $ational Associations of Attorneys Denerals, and the governors individually, that that money would only be used for tobacco3related purposes. Mi%e Moore Former Attorney 6eneral of 1ississippi )he governors, the legislators, and the attorneys general all said the same thing, trust us. "e'll spend the money on what this fight was about. "ell, fast forward. "here are we; Peter Jennings '(oice O)er* ?ell0 ,e2re in Florida- Florida too5 the tobacco money and p+t it to good +se.lip fom Anti-Tobacco .ommercial:

23
Peter Jennings Reporting: From The Tobacco File

Peter Jennings '(oice O)er* <n ;"""0 Florida spent DB% million on a h+ge anti-tobacco campaign0 aimed specifically at teenagersPeter Jennings '(oice O)er* They called it the tr+th campaign&nti)Tobacco Spea%er )his truth message that we're bringing has power. Peter Jennings '(oice O)er* <n Florida0 many0 many 5ids got serio+sly into 3+itting&nti)Tobacco Spea%er It's something that we, as a generation, believe in. Peter Jennings '(oice O)er* 1any 5ids became acti)ists- Jacob Baime ,as a leaderJacob *aime Anti-Tobacco Eo+th .ur message wasn't don't smoke. It wasn't 7ust say no to tobacco. .ur message was the tobacco industry is manipulating you. $ow do something about it. .lip From Anti-Tobacco .ommercial: Peter Jennings '(oice O)er* These tele)ision ads ,ere so effecti)e0 they ,ere copied all o)er the co+ntryJacob *aime Anti-Tobacco Eo+th )hat's why the :truth: message was so appealing to the youth of +lorida. Is that it made them feel like they could do something to defend their generation, to stand up for themselves and for what was right. Peter Jennings '(oice O)er* This ,as the largest state-r+n anti-tobacco campaign e)er designed for yo+ng peopleMatt Meyers .ampaign for Tobacco-Free 9ids In the first two years of its tobacco prevention program they reduced smoking among middle school students by close to B& percent. It was the kind of decline in tobacco use that you could have only dreamed of.

24
Peter Jennings Reporting: From The Tobacco File

Peter Jennings '(oice O)er* This year0 the yo+th s+mmit in Florida de)oted to tobacco control ,as a shado, of its former self- The state has g+tted the program- !espite getting more than D&;& million from the tobacco settlement this year0 Florida2s 6o)ernor B+sh and the state legislat+re ga)e the anti-tobacco campaign only D; million- The tobacco ind+stry spends that on mar5eting cigarettes e)ery ho+r0 e)erydayMi%e Moore Former Attorney 6eneral of 1ississippi @' million. Peter Jennings '(oice O)er* 1i5e 1oore ,as at the s+mmit this year- /e told the st+dents they had been betrayedMi%e Moore Former Attorney 6eneral of 1ississippi )he legislature is not helping you. )he governor of this state is not helping you. If you've got a program that's working and it's saving lives, and it's going to save you hundreds and hundreds of millions of dollars in healthcare costs down the line, you don't turn it off. =ou turn it on. Peter Jennings '(oice O)er* All of the ads that had done so m+ch to c+t teenage smo5ing ha)e been ta5en off the air- There ,as no money to pay for themJacob *aime Anti-Tobacco Eo+th "hat was once the most effective tobacco3control program in the country, perhaps, has now become close to nothing. It's virtually none6istent. Matt Meyers .ampaign for Tobacco-Free 9ids And we've already begun to see an increase in smoking among younger people. Peter Jennings '(oice O)er* All the states together ha)e no, been gi)en billions of dollars by the tobacco companies- Only fi)e percent of the money has been spent to act+ally fight smo5ingMi%e Moore Former Attorney 6eneral of 1ississippi eter, I call it moral treason. I mean, why did we fight this fight; "hy did we go through all that we went through from '((& through all the way through this thing

25
Peter Jennings Reporting: From The Tobacco File

and take on this huge industry; )here's no 2uestion in my mind we'd have B& percent reduction in teen smoking by today if all the states had lived up to their agreement, or if we had passed the original settlement. 6raphics: Peter Jennings Reporting From The Tobacco File 6raphics: Untold Stories Of Betrayal And Anno+ncer eter !ennings *eporting +rom )he )obacco +ile, "ill *eturn In A /oment. .ommercial Brea5 6raphics: Peter Jennings Reporting From The Tobacco File 6raphics: Untold Stories Of Betrayal And 6raphics: A Topsy-T+r)y ?orld Peter Jennings '(oice O)er* The tobacco ,ars are still not o)er- .igarettes are still +nreg+lated by the go)ernment- And if yo+ ,ant to see the abs+rd conse3+ences of this0 consider the dr+g nicotinePeter Jennings "hat is the role of nicotine in health; David S+eanor Professor of Ca,0 Uni)ersity Of Otta,a $icotine doesn't cause cancer. $icotine isn't a cause of lung disease, emphysema, bronchitis. $icotine, in and of itself, isn't a huge health problem other than addiction. Peter Jennings '(oice O)er* icotine is addicti)e0 tho+gh today0 )irt+ally e)ery scientist says it is no ,orse for yo+ than caffeine in coffee- B+t loo5 at ho, the go)ernment reg+lates nicotine prod+cts designed to help people 3+it smo5ing0 compared to ho, the go)ernment fails to reg+late cigarettesKenneth Warner !irector0 Uni)ersity of 1ichigan Tobacco Research et,or5 "e have this biCarre topsy3turvy world in which we do regulate the safest forms of nicotine delivery that have been, ever been invented. )he nicotine replacement products. )hey're heavily regulated. "e don't regulate at all the dirtiest form of nicotine delivery, the cigarette. eglect eglect

26
Peter Jennings Reporting: From The Tobacco File

David S+eanor Professor of Ca,0 Uni)ersity Of Otta,a If a cigarette company wants to come out with some new type of cigarette, they can do that this afternoon. If they want to reformulate it, they can come up with a new formula this evening. I mean, there's nothing to constrain them. Peter Jennings $o regulatory process to get a new tobacco product on the market; David S+eanor Professor of Ca,0 Uni)ersity Of Otta,a $othing. Peter Jennings =ou're saying the government makes it totally easy to buy the product that kills us, and e6tremely difficult to buy the product which will save us; David S+eanor Professor of Ca,0 Uni)ersity Of Otta,a <6actly. If we came along and said how do you think we could perpetuate a ma7or epidemic; "e're doing a real good 7ob of it. Peter Jennings '(oice O)er* 6o)ernment has al,ays allo,ed the tobacco companies to ma5e cigarettes any ,ay they ,ant0 and say pretty m+ch anything abo+t them.lip from Tobacco .ommercial: Peter Jennings '(oice O)er* <n the ;"8%s0 ,hen the dangers of smo5ing ,ere first re)ealed0 tobacco companies added filters0 and implied they made smo5ing less dangero+s1ore people too5 +p smo5ingPeter Jennings '(oice O)er* The micronite filter ,as made ,ith asbestosPeter Jennings '(oice O)er* There ,as no reg+lation in the ;"@%s ,hen tobacco companies made light cigarettes and promoted them as an alternati)e to 3+itting0 they ,ere notKenneth Warner !irector0 Uni)ersity of 1ichigan Tobacco Research et,or5

27
Peter Jennings Reporting: From The Tobacco File

It was a fraud. And it was a fraud that has cost us millions and millions of lives because people who would have 2uit smoking chose not to do so. )hey switched to )rue and a bunch of other cigarettes. Peter Jennings <s a light or +ltra-light cigarette any safer in any ,ay shape or form than other cigarettesF Peter Jennings $o. )oday, ?& percent, ?B percent of Americans smoke light cigarettes. And there was no change in heart disease risk. And there's no real change in lung cancer risk. Peter Jennings '(oice O)er* 1ost smo5ers still belie)e light cigarettes are saferSmo%er It doesn't burn all the way down, right; Peter Jennings '(oice O)er* Today0 se)eral tobacco companies may be at it again- Bro,n And ?illiamson ma5es a cigarette called GAd)ance0G ,hich they say has red+ced to7insRJ Reynolds has one called G>clipse-G They say that if yo+ are not 3+itting0 Go+r cigarette is the ne7t best choice-G ?itho+t go)ernment reg+lation0 ,e ha)en2t got the )ag+est idea ,hat the tr+th isKenneth Warner !irector0 Uni)ersity of 1ichigan Tobacco Research et,or5 )he worry today is that if we have the tobacco industry dictating to us what's a safer cigarette, that it's going to be a fraud again. Doctor ,regory Connolly /ar)ard School of P+blic /ealth )he level of trust with the tobacco industry is virtually nil. And if this is the industry we're going to rely upon to come up with safer products, we are going to be very, very cautious. Peter Jennings '(oice O)er* So0 yo+ might be s+rprised to find that the largest tobacco company in the ,orld0 Philip 1orris0 is the only cigarette-ma5er lobbying for go)ernment reg+lation of tobacco prod+cts- B+t ,hy ,o+ld Philip 1orris ,ant to be reg+lated0 after all these years in ,hich they ha)e been left pretty m+ch aloneF Steve Parish Philip 1orris0 Altria 6ro+p

28
Peter Jennings Reporting: From The Tobacco File

I believe that there is no set of voluntary steps that one company, or even the entire industry, can take that will do away with the intense mistrust that people in this country have of the tobacco industry. Peter Jennings '(oice O)er* ?hich is part of the reason they let +s in to company head3+arters in Richmond0 (irginia- /ere0 in the labs0 ,hich no reporters ha)e seen before0 Philip 1orris is trying to de)elop a cigarette that the go)ernment may agree is saferJac% 'elson President of Operations0 Philip 1orris In a conventional cigarette, (& percent of the tobacco 7ust gets burned up. Peter Jennings '(oice O)er* Jac5 elson is president of operations- And this is one of their ideas0 a special cigarette in a battery-po,ered lighter- The tobacco gets heated at a m+ch lo,er temperat+re than cigarettes +s+ally b+rnJac% 'elson President of Operations0 Philip 1orris "ell, the burning generates four to B,&&& compounds in cigarette smoke. #y not burning, maybe we cut those by a significant amount. Peter Jennings And you have to have this cigarette specifically in order to go into this holder; Jac% 'elson President of Operations0 Philip 1orris )hat's correct, a conventional cigarette won't work. Peter Jennings eople of course tell us all the time, you simply can't be trusted. "hy do you think people should believe you now; Jac% 'elson President of Operations0 Philip 1orris "ell, I don't think people should only trust us. )hat's why we support +ederal regulation of the tobacco industry. Peter Jennings '(oice O)er* <f Philip 1orris gets the go)ernment seal of appro)al for a safer cigarette0 that co+ld certainly ca+se less death and de)astation among smo5ers- <t co+ld also be ,orth a fort+neDoctor ,regory Connolly

29
Peter Jennings Reporting: From The Tobacco File

/ar)ard School of P+blic /ealth If hilip /orris can do it and get it right, and they've got the resources to do it, they could become the tobacco monopoly of the ,nited -tates of America and put the other companies out of business. Peter Jennings '(oice O)er* <t is a b+siness strategy for s+r)i)alSteve Parish Philip 1orris0 Altria 6ro+p I believe that for this industry to survive, that it needs to meet or e6ceed society's e6pectations of it as an industry. I think the +ederal government ought to have the ability to re2uire manufacturers to change the way they make their products, so that they can potentially reduce the very significant harm that's caused by smoking in this country. Peter Jennings !ust before we close the tobacco file this time, a reminder of what the tobacco companies are up against in their search for a safer cigarette, and what government knows about the cigarettes they have failed to regulate so far, and what smokers are always up against every time they light up. 6raphics: 8%%% .hemicals 6raphics: Formaldehyde0 Ben4ene0 !dt0 Arsenic0 ic5el0 .obalt0 Cead0 Ammonica0 1ethane0 .admi+m Peter Jennings )hose B,&&& chemicals in cigarette smoke, formaldehyde, benCene, 44), arsenic, nickel, cobalt, lead, ammonia, methane, cadmium. As of now, without regulation, no one but the tobacco industry has any control over what the smoker inhales. I'm eter !ennings, reporting from the tobacco file. Dood night.