No Suit Immunity in Any Tobacco Deal, Foe Says

In a stern warning to lawyers negotiating with the tobacco industry, one of Capitol Hill’s leading tobacco foes said Thursday that Congress will not approve any deal allowing cigarette companies immunity from past or future lawsuits in exchange for federal restrictions on the sale and distribution of nicotine-laden products.

“We are opposed to any tobacco settlement in which we are forced to grant the tobacco companies immunity as the price for protecting the health of our children,” Rep. Henry A. Waxman (D-Los Angeles) said at a news conference.

Waxman’s comments were spurred by last week’s disclosure of a tobacco industry proposal to allow some regulation by the federal Food and Drug Administration over cigarette advertising and marketing in exchange for legislation granting the industry immunity from future lawsuits that seek compensation for deaths or health ailments related to smoking.

As part of the proposed deal, the tobacco industry also would pay up to $300 billion to settle the hundreds of pending lawsuits against it.

The debate over the settlement deal should be further fueled today by the expected decision from U.S. District Judge William Osteen of North Carolina on whether the FDA has authority to regulate tobacco, and if its planned advertising and marketing restrictions aimed at reducing teenage smoking are constitutional. The settlement negotiations involve the nation’s two largest cigarette makers--Philip Morris and R.J. Reynolds--and attorneys general for 24 states suing the industry.

White House officials disclosed Thursday that a delegation of the negotiators--including First Lady Hillary Rodham Clinton’s brother, Hugh Rodham, a lawyer--briefed Deputy Counsel Bruce Lindsey on the progress of the talks.

“We remain in contact with the parties,” White House Press Secretary Mike McCurry said.

According to participants at the briefing, Lindsey told the group that President Clinton considers sweeping legal immunity for the tobacco industry a “nonstarter” among congressional leaders. But administration officials have said some form of limited immunity is possible.

Separately, Philip Morris’ chairman, Geoffrey Bible, told shareholders at the company’s annual meeting that the nation’s No. 1 tobacco maker is willing to explore “reasonable measures” to end health-related litigation.

Bible also said that although Philip Morris opposes FDA regulation of tobacco, it is “prepared to work with responsible government representatives and others to develop a consensus about a regulatory system that would be balanced, reasonable and effective.”

Bible was less combative in his defense of the company than in years past, when he vowed to fight lawsuits that he characterized as ploys by money-hungry lawyers.

Waxman is expected to lead the fight in Congress against the settlement efforts. Standing with former FDA Commissioner David A. Kessler and several other health advocates, Waxman fretted that the talks may be rushing toward an agreement that the nation later would regret.

“The tobacco companies are trying to cut a secret back-room deal that will place them above the law,” Waxman said. “This is wrong. In fact, it amounts to legislative terrorism.”

Kessler said: “We need to be concerned about the health of the children, the health of the nation, not the health of the tobacco industry. There can not be a quid pro quo when it comes to the public health.”

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Rep. Martin T. Meehan (D-Mass.), the only other legislator at the news conference, noted that a House task force on tobacco issues has grown in four years from 38 members to 75. He predicted the increased public concern about tobacco-related health problems has emboldened lawmakers to stand against the industry.

“Are we willing to grant this rogue industry blanket protection into the future?” Meehan asked. “I believe Congress is ready to pick up and play a leading role” in regulating tobacco, he added.

Opposition to the proposed settlement is expected to come from the Senate as well, where Sen. Edward M. Kennedy (D-Mass.) plans to deliver a speech on the issue today.

According to a draft copy of the speech, Kennedy intends to declare that “no settlement should immunize the industry from the individual private lawsuits brought by people who are seriously ill with tobacco-caused health problems or the families of those who have died.”

Meanwhile, Sen. Richard Durbin (D-Ill.) and Rep. Diana DeGette (D-Colo.) said they will introduce legislation to end the multimillion-dollar government-subsidized crop insurance for tobacco growers.

Also Thursday, the state of Pennsylvania said it sold $227,000 of Philip Morris stock--the entire tobacco holdings of its education fund--a day after filing a lawsuit against the company and other tobacco makers.

Times wire services contributed to this report.