Relapse on tobacco
THE JUSTICE Department's massive lawsuit against the tobacco industry seems to be losing altitude fast. Last week the department wrapped up nine months of testimony arguing that big tobacco conspired to mislead the public about the addictive dangers of smoking. But before Judge Gladys Kessler could deliberate on a verdict, lawyers for the Justice Department sharply scaled back the government's claim for relief from $130 billion to just $10 billion over five years -- a tiny fraction of the industry's annual profits.
Given the compelling case the government has made against the tobacco companies since it first filed the racketeering lawsuit in 1999, it is strange that it would suddenly be satisfied with less than 10 percent of the amount its own expert witnesses testified would be needed as a remedy. The money is earmarked for a smoking cessation program.
Not surprisingly, the six cigarette companies that are defendants in the lawsuit were thrilled. A tobacco industry analyst for
US Representative Martin Meehan, the Lowell Democrat, joined several members of Congress to urge an investigation. In particular, the members want to probe allegations that pressure was put on the department's lawyers by senior political appointees in the attorney general's office with ties to the industry. The associate attorney general who ordered the reduced claim, Robert McCallum, signed a Supreme Court brief on behalf of R.J. Reynolds when he was a private attorney. On Monday the Justice Department's Office of Professional Responsibility agreed to open an investigation. Neither side should move to settle or otherwise act on the suit until the investigation is complete.
The case against big tobacco has not been an easy one. In February a federal appeals court ruled that the government could not extract punishment from the tobacco companies by seeking a share of past profits; only forward-looking sanctions would be allowed, such as the industry-funded smoking cessation program. As recently as May the government was still arguing that $130 billion would be needed for the program.
Many civil libertarians have qualms about the broad application of a law intended to fight organized crime -- the Racketeer-Influenced and Corrupt Practices Act, or RICO -- to an unrelated industry. We share those qualms. But two consecutive administrations from two parties have forced open a record of manipulation and deceit by cigarette companies, corporate conduct leading to the addiction and death of thousands. The sudden reversal has a noxious aroma about it.
