[Congressional Record (Bound Edition), Volume 148 (2002), Part 3]
[Senate]
[Pages 3271-3272]
[From the U.S. Government Publishing Office, www.gpo.gov]




 APPLAUDING THE JUSTICE DEPARTMENT FOR THEIR LEADERSHIP IN THE LAWSUIT 
                      AGAINST THE TOBACCO INDUSTRY

  Mr. DURBIN. Mr. President, about 13 years ago I went to get on an 
airplane in Phoenix, AZ. I was a Member of Congress. I was late for my 
plane, as usual. I came running into the airport, went to the United 
ticket counter, and said: Can I still make the plane? And the lady at 
the counter said: Yes, I think you can. Hurry up. I said: Can you get 
me a seat in the nonsmoking section of the plane? It was too late. She 
said: The only seat I have left is a middle seat in the smoking section 
of the plane. So I said to her: Isn't there something you can do? She 
looked down at my airline ticket and at my title and said: No, 
Congressman. But there is something you can do.
  So I got on that airplane and sat in a middle seat in the smoking 
section between two chain-smoking sumo wrestlers and thought to myself: 
There has to be a better way.
  When I got off that plane, I decided to offer an amendment to ban 
smoking on airplanes across America, and was successful, to the 
surprise of myself and everybody else. No one had ever beaten the 
tobacco lobby on the floor of the House of Representatives. We did it 
by five votes. It was very bipartisan. It came over to the Senate. 
Senator Lautenberg of New Jersey picked up the cause. He was successful 
on this side. We put into law a ban on smoking

[[Page 3272]]

on airplanes, which I think was the domino that triggered smoking being 
banned all across America, in restaurants, in office buildings, in 
hospitals, and not only on planes, but on trains and buses. There has 
been a real revolution in just 13 years.
  But the battle against the tobacco companies goes on. I give credit 
to a lot of those who followed after that historic legislation, 
particularly the State attorneys general who filed lawsuits against 
tobacco companies and successfully brought in billions of dollars to 
States because of the fraud perpetrated on the public by the tobacco 
industry.
  I was happy to support those State suits. But at the same time, 
President Clinton was President, and many of us said: Why isn't the 
administration in Washington doing the same thing? Why don't we bring a 
lawsuit on behalf of taxpayers across America who have had to pay out 
billions of dollars for medical care for tobacco-related disease and 
death? Why shouldn't they be compensated, as the States successfully 
prosecuted the tobacco companies for compensation at the State level?
  To their credit, in the closing days of the Clinton administration, 
they prepared a lawsuit and started it against the tobacco companies by 
the Federal Government. And then, with the change in the 
administration, there was a question as to whether or not this new 
administration would still dedicate its resources and determination to 
successfully prosecute the same lawsuit.
  We were concerned because initially there was criticism that the 
Department of Justice was putting too much money into this lawsuit. 
Attorney General John Ashcroft, as a Senator in this Chamber, was 
critical of this lawsuit against the tobacco companies. So many of us 
had justifiable concerns about whether or not the Federal Government 
would really vigorously pursue the lawsuit against the tobacco 
industry.
  I am happy to report to you today that what has been disclosed within 
the last several weeks gives us great encouragement because we now have 
had disclosed documents that have been prepared by our Government, by 
our Department of Justice, demanding, in this lawsuit, changes in 
policy by the tobacco companies which could not be more encouraging.
  Many of the things I am about to read to you have been proposed by 
people such as myself concerning the tobacco industry for years, and it 
has fallen on deaf ears in Congress. Congress is one of the worst 
places in the world to go and discuss the tobacco issue. The tobacco 
lobbyists are all over the Capitol. The tobacco interests fund 
campaigns right and left, and they make it very difficult for anything 
to be done on Capitol Hill. That is why the courts have been more 
successful.
  But let me give you an idea of a number of the things this 
administration is asking for as part of their lawsuit which would 
really change the way tobacco products are going to be sold in America.
  It would restrict all cigarette advertising to black and white print-
only formats, with 50 percent of the space dedicated to graphic health 
warnings. In other words, all the glamour and glitz of the billboards, 
and all the other advertising on cigarette packaging and in magazines, 
would be replaced by very stark and clear black and white advertising 
with very graphic health warnings.
  This is not a new idea. The Canadians have been in this business for 
a long time. Other countries around the world, such as Poland, for 
example, have started doing things relating to tobacco advertising the 
United States should have done years ago.
  It would require cigarette packaging, under this demand from the 
Department of Justice, to carry health leaflet inserts.
  It would end trade promotions and giveaways.
  It would ban all vending-machine sales, which is the avenue by which 
many underage smokers start their habit.
  It would forbid ``light,'' ``low-tar,'' or ``mild'' labels, which are 
deceptive on their face.
  It would require the industry to publicly disclose all ingredients, 
additives, and toxic chemicals.
  It would require the industry to publicly disclose manufacturing 
methods and marketing research.
  And it would eliminate the slotting fees paid to retailers for 
favorable placement of tobacco products.
  This is an amazing array of remedies being asked for by the 
Department of Justice. I stand in this Chamber as someone who has been 
skeptical of their commitment. I applaud them for the real leadership 
they are showing in this lawsuit. If this is a change of heart in the 
administration, let this Democrat stand here and be the first to praise 
the administration for its leadership.
  We need this. We need a commitment not just of resources, but a 
commitment of talent at the Department of Justice to make this legal 
action successful. Congress now needs to ensure, in our appropriation, 
that we adequately fund the Department of Justice to pursue this 
lawsuit. Give the Department of Justice the resources it needs to fight 
the tobacco industry. They are going to put together hundreds of 
lawyers to defend their miserable product and their practices. We need 
to have a team just as good and well funded on our side.
  I can tell you as well, don't be deceived by the advertising from the 
tobacco industry. They have not changed. The Department of Justice 
uncovered documents that show, as recently as 1997, when the State 
settlements were being negotiated, the tobacco industry was conducting 
studies so that they could determine the brand preferences of young 
smokers between the ages of 12 and 20. Despite all of that beautiful 
advertising put on by Philip Morris and other companies on the 
television, which says: No we can't sell you these cigarettes, kiddo; 
you know what the law is. The fact is, this industry would die if they 
could not recruit teenage smokers. They are still trying to find ways 
to reach them.
  As long as they are doing that, this insidious effort to make addicts 
of our children so that they ultimately become hooked and die from 
tobacco-related disease has to be fought every step of the way. It is 
time for us in Congress to wake up to the need for the Food and Drug 
Administration to have new authority to regulate tobacco products. They 
have slipped through the cracks entirely too long when it comes to 
Government oversight. It is time to change it.

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