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Wednesday, March 26, 1997

Attorney general supports cancellation of tobacco industry exemption

By SARAH HORNADAY

Associated Press Writer

AUSTIN (AP) - Attorney General Dan Morales says evidence uncovered in the state's ongoing lawsuit against tobacco companies is proof of why the industry should lose an exemption that prevents some lawsuits.

"If the evidence which we have now was known in 1993, this exemption never would have been granted," Morales said of a provision in the Products Liability Act that prevents Texans from suing companies for injuries caused by the use of common consumer products.

Morales testified Monday before the State Affairs Committee in favor of a bill by Rep. John Hirschi, D-Wichita Falls, that would amend the act by deleting tobacco as a common consumer product. Other products covered by the act are sugar, castor oil, butter and alcohol.

No action was taken Monday.

"Hopefully this legislation will signal the beginning and the end of abuse of our citizens and children," Morales said.

Last week, the Liggett Group, Inc., makers of Chesterfield cigarettes, settled 22 state lawsuits, including one in Texas, by agreeing to warn on every pack that smoking is addictive and admitting the industry markets cigarettes to teen-agers.

In the settlement, the company turned over hundreds of documents that include industry-wide discussions of tobacco dangers and marketing. Those documents have been sealed in court.

The attorney general read from a tobacco industry memo provided to the state prior to the Liggett settlement that Morales said directed ways to target minors in future marketing. Morales also said evidence shows that the industry knew nicotine is addictive and manipulated the amounts of nicotine in the product.

"He talks about documents gotten in discovery that have never gone through the process of trial," said Keith Teel, an attorney representing the Tobacco Institute. "When we have an opportunity, there's a very good chance they'll be proven holy out of context."

Currently, private citizens in Texas cannot file civil suits against cigarette makers for injuries caused by tobacco products. Last year's Texas Poll revealed that 80 percent of Texans thought smokers should not be able to sue tobacco companies for medical costs caused by smoking.

"It's the law in virtually every state," Teel said.

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The tobacco exemption bill is HB912. Send a Letter to the Editor about This Story | Start or Join A Discussion about This Story
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