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Nixon enters tobacco lawsuits

April 23, 1997
By: Lynda Gledhill
State Capital Bureau

JEFFERSON CITY - After refusing to discuss the issue last week, Attorney General Jay Nixon announced Tuesday he will file a lawsuit against the major tobacco companies for illegally targeting children in their advertising campaigns and for lying to consumers about the addictive nature of nicotine.

The decision allows Missouri to be part of the settlement reached last month between the attorneys general of 22 states and the Liggett Group, Inc., and the proposed settlement now being negotiated with the largest tobacco companies.

In a press release, Nixon cited the agreement with Liggett that includes sharing information about the tobacco industry as a key reason for joining the suit. Other states have six months to enter the litigation and have access to the information and share in the settlement fee to be paid by the Liggett Group.

"Scientific evidence is overwhelming that tobacco use is a significant health risk," Nixon said in the press release. "It is the most prevalent and the most preventative cause of premature death in the country.

Tobacco companies have lied about the addictive nature of their product and have hidden from the public view research which indicates the health dangers of tobacco use."

Assistant House Minority Leader, Rep. Don Lograsso, R-Blue Springs, said Nixon is just playing political games with the lawsuit.

"Typically, Jay Nixon is a day late and a dollar short," he said. "I think there are some ridiculous things about those lawsuits, but for him to come in now, two or three years later, only after one of the tobacco companies has caved in and say, 'Oh, by the way, us too, we want to participate' is clearly political gamesmanship."

Beside the monetary amount, the proposed settlement would require tobacco companies to change their advertising to make it less appealing to children. Another provision would allow the Food and Drug Administration to regulate the quantity of nicotine in cigarettes.

Nixon said the negotiations with Phillip Morris and RJ Reynolds may offer the opportunity for a quicker settlement.

"The new developments significantly increase the likelihood of success and this is now a lawsuit I believe we can win," he said. "We now have proof that the companies have broken the laws of Missouri by willfully targeting young people and knowingly lying about the addictive nature of nicotine."

Dr. Richard Loeppky, an MU chemistry professor, said it has been known for many years that nicotine is addictive.

"I think it is reasonable for states to try to recover the costs because of the effects of tobacco," he said.

Loeppky said he would be concerned about any settlement that would protect tobacco companies from future litigation.

"I wouldn't want to get into the situation where health effects come up in the future and the tobacco companies claim immunity because of this settlement," Loeppky said.

Rep. Mary Bland, D-Kansas City, said adults have to be responsible for their own actions.

"I've always been told when you make a decision, there are consequences or benefits," she said. "You have to decide on which one you want it to be."