Koop Opposes Immunity in Tobacco Deal

Former Surgeon General C. Everett Koop said he opposes any tobacco legislation that grants cigarette makers special legal protections, a position that may pose new obstacles to efforts to enact tobacco legislation based on the $368.5-billion national tobacco settlement.

Koop made it clear he is still willing to negotiate, saying he might consider legal protections “if everything we want on public health” is in a final settlement. For now, though, he said: “I think the stance has to be: ‘No immunity.’ ”

Koop’s views on the settlement could have a significant effect on its legislative prospects. Earlier this year, Koop co-chaired a tobacco task force that recommended a price increase of at least $1.50 per pack of cigarettes and sweeping authority for the Food and Drug Administration to regulate nicotine, among scores of other health initiatives. President Clinton embraced the recommendations and congressional leaders of both parties have said Koop’s views of tobacco legislation carry considerable weight in Congress.

“This really jeopardizes the deal,” said PaineWebber Inc. tobacco analyst Emanuel Goldman. “It . . . makes it more difficult because the president has been leaning” on Koop as a key advisor.

Koop’s views on immunity first came to light in a Dec. 17 letter that he said was partly aimed at unifying the public health community, which has been torn apart by the immunity issue. The letter was sent to one coalition of health groups that opposes a settlement based on any form of immunity. Koop said he endorses the group’s principles and goals and “commends the coalition’s vigorous opposition to granting special privileges and protections to the tobacco industry.”

Richard Scruggs, the lead outside lawyer for Mississippi in talks with the tobacco industry, expressed disappointment in Koop’s position. “It emphasizes more punishing the industry than reforming it,” Scruggs said.

The industry has steadfastly insisted that it would withdraw its support for any piece of legislation that does not include the settlement’s protections from class-action lawsuits.

Cigarette makers need the cap on annual damage payments to give investors a measure of predictability.

“It’s not what the industry is willing to concede right now--it’s what Congress can approve,” Koop said. “I don’t think the Congress is in the mood right now to go to the industry and say, ‘This is what we are planning for legislation--is that OK with you?’ I think we are beyond that.”

John Garrison, president of the American Lung Assn., said, “I think it is going to have quite an impact on the elected officials and the public, to have someone of Dr. Koop’s stature draw a line in the sand like this.”