THE WRONG WAY ON TOBACCO
A New York Post Editorial
Lacking the courage to try and ban the sale of smoking products, the Clinton administration has launched an ill-conceived racketeering lawsuit against the entire tobacco industry. The Justice Department's $25-billion assault may score points on the Political Correctness front, but will do precious little that isn't already being accomplished on other fronts to attack the smoking habit.
In the first place, the lawsuit is just the latest prosecutorial abuse of the Racketeer-Influenced and Corrupt Organizations (RICO) law. This statute, enacted in 1970, was designed for a specific purpose: to give prosecutors a powerful weapon to use against mob kingpins who could not otherwise be connected to specific violent crimes.
RICO has served a useful and highly effective purpose in the war against organized crime - particularly when the mob has taken over legitimate businesses. But the statute's broad powers have been misused and abused for overtly political purposes, allowing the government to confiscate allegedly illegal profits from unpopular businesses and organizations.
This suit marks the first time, however, that Washington has targeted an entire industry as a racketeering enterprise. It accuses the nation's tobacco companies of conspiring to mislead the public about tobacco's health hazards and nicotine's addictive qualities - of undertaking, the government charges, "an intentional, coordinated campaign of fraud and deceit."
But if the tobacco companies have been less than honest about admitting that their products are harmful, they haven't been able to keep such information from the American public.
Indeed, those hazards are spelled out quite clearly and unambiguously, right on the product's packaging itself - and have been for decades. Only someone awakening from 40 years of suspended animation could possibly be unaware that tobacco can kill you or that nicotine can be addictive.
As evidence of alleged racketeering, the government cites a 1988 tobacco trade-group press release questioning nicotine's addictive qualities. But the evidence shows that most Americans have ignored such documents. The fact is that the anti-smoking effort has been one of the most successful public-education campaigns in years. The number of Americans who smoke has fallen 50 percent in the past 25 years.
There's also something profoundly disingenuous in Washington, following the early lead of the individual states, suing to recover health costs. As Robert Bork noted in an enlightening Wall Street Journal article, the states - thanks to increased taxes - make more money off the sale of cigarettes than they've spent and are likely to spend on medical costs.
The fact is that anti-tobacco zealots would dearly love to outlaw the sale of the product, but lack the political clout to do so. Which means that, instead, they'll try to recover money made from the sale of a product that remains perfectly legal.
Earlier this year, Attorney General Janet Reno told Congress that the Justice Department "does not have an independent cause of action" against the tobacco companies. Now, apparently under orders from President Clinton, she's suddenly discovered one.
But it's an action that's legally dubious and profoundly misguided. Just another day at work for these folks.
For education and discussion only. Not for commercial use.
I am laughing so hard at this one John....I really hope you can understand why.
Our Government handed out cut rate or free cigarettes by the millions during WWI, WWII, Korea, the Nam....all of them.
When I was on base, smokes were 30 cents a pack at the PX, while off base they were over a Dollar.
In my home state, Illinois, the taxes on a package of cigarettes is almost 2.00 dollars. That's 2.00 dollars a PACK.
I anyone doesn't understand what is really happening here with the "War On Tobacco"....well they are idiots.
Sorry tobe so harsh about it and all, but that's the way it is.
Tobacco is a legal product.
The Federal Government has actually subsidized its production, distribution, and sale for years. Now, that very same Federal Government wants to sue tobacco producers for "harm" they have allegedly caused.
If I weren't laughing so hard at the idiocy of it, I would be out hunting down the bastards who decided this kind of crap was legal in the first place.
Thanks for the chuckle JH.
Regards,
L
Just wait until they do the same for caffeine, fat, etc... Their just recovering costs you know… America is doomed.
All the smokers should form a class action suit against the Fed for causing their pain... Maybe then they would understand what they have done…
The obvious conclusion "when the smoke clears" is to start a new cigarette company with zero liability and a warning that says "cigarettes are addictive and might kill your ass." This new brand would be exempt from the settlement and the taxes. Hee, hee.
It's kind of fun watching the mobs begin to consume themselves.....
ROFLMAO!
Regards,
L
True, but...
Today it's smokers, tomorrow...
It is truly amazing how fast things are accelerating.
I don't know where the zipper challenged Bill Clinton and Janet Sterno Reno have been all of their lives about the endless instructions we received as children about the deadly evils of smoking that demon weed. This lawsuit proves 2 things: 1) They look out from their high and mighty noses and view Americans as a bunch of morons, and 2) it's really all about following the money, that goes to republican war chests.
Personally, I wouldn't trust Bill or Janet with a match and a cigar, the Good Lord only knows what kind of mischief these two can bring forth.
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