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What's Next? Caffeine, Big Macs, and Chevrolet?

June 19, 1998

What's next? Caffeine, Big Macs, and Chevrolet?

The death of the "Tobacco Bill" is good news - but for how long?

A year ago, five big tobacco companies and 40 state attorneys general negotiated a proposed settlement of state lawsuits and handed the deal off to Congress for enactment. Unfortunately, when the Senate got a hold of the bill they got greedy, and the tobacco companies withdrew their proposal.

Not all in the Senate went along with this bill. Senate majority leader Trent Lott said, "The problem is greed has set in. It's the usual addiction in Washington to tax and spend. This has gone way beyond trying to do something about teenage smoking. This is now about money grubbing."

The bill, which most people believe was to punish the big tobacco companies, would have done he exact opposite. This measure would have raised cigarette prices by $1.10 a pack, strengthened the FDA authority over tobacco and nicotine, and brought new health, marketing, advertising and labeling regulations.

All the money would have come from smokers. According to the Congress' Joint Committee on Taxation, 53% of the taxes would have come from people making under $30,000 and 97% would have come from people making under $75,000. The bill forbade the tobacco companies from paying the tax on the smokers' behalf. According to the National Taxpayers Union, this bill would have enacted a tax increase ¾ as large as the 1990 Bush tax package and nearly half as large as the 1993 Clinton tax package - over $800 billion in new taxes.

If passed, this bill would have made a few hundred trial lawyers very rich. Any money paid to a lawyer is money not going to the plaintiff - the person (such as the taxpayers) that the court determines has actually suffered damages. The Florida Attorney General's office approximates the fees sought by Florida's attorneys at $100,000 per hour. Instead of suing tobacco companies with state lawyers already on the payroll, government officials "hire" private attorneys, offering them a percentage of the take if the lawsuit is won.

"Of course the lawsuits won't end with tobacco. Beer and liquor companies will be next, or the coffee and cola industry, or the fast food and restaurant industry", says Amy Ridenour, president of The National Center for Public Policy Research.

The American Medical Association's Office of Alcohol and Drug abuse already argues that the attention paid to tobacco should now be focused on alcohol. Director Richard Yoast has said, "The beer industry is acting more and more like the tobacco industry."

Caffeine is the "new tobacco" to others. The Center for Science in the Public Interest is calling upon the FDA to regulate the caffeine content in coffee, tea, soda and chocolate. Fast food and restaurants are part of another new "evil group". Yale University researchers are calling for federal regulation of unhealthy food and punitive excise taxes on high-fat foods. Professor Kelly D. Brownell, director of Yale's Center for Eating and Weight Disorders, says, "Junk food advertisements should be regulated, and excise taxes imposed on high-fat foods, just as they are on tobacco and alcohol." The Center for Science in the Public Interest agrees, observing: "It's high time the [restaurant] industry begins to bear some responsibility for its contribution to obesity, heart disease and cancer."

Why should all this end with tobacco, alcohol, caffeine and fast food? Every American automobile is manufactured with the ability to go faster than the speed limit. Surely, some lawyers somewhere may even now be approaching a state government official with a plan to sue the auto companies.

This entire debate has gotten entirely out of hand. What has happened to the days of personal responsibility? The President has stated the he is "against anything that provides no life saving to kids and is designed to save the political life of the people who vote for it." The tobacco bill that was killed in the Senate would not have done this. Instead it would have put an undue burden on the lower income families that can't afford to pay an extra $11.00 per carton of cigarettes.

To the best of my knowledge there are laws on the books that make it illegal for kids to purchase tobacco products. Would it be too much to ask that the current laws be enforced? And would it not make more sense to "toughen" the existing laws rather than pricing smokers into poverty?

The liberals counter to this mammoth tax hike will probably be to raise the minimum wage, again - forcing businesses to foot the bill, and pass along the costs. Maybe the best thing for smokers is for tobacco to be made an illegal drug. Then the Clinton Administration would leave them alone.

Comments encouraged.

Information compiled from:

  • National Center for Public Policy Research
  • White House Publications
  • Reuters News Service
  • My Opinions





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