Lawyers for the Justice Department told US District Judge Gladys Kessler in a motion with the court late on Monday that the smoking cessation programme and other remedies should be imposed if the judge rules in favour of the government in its landmark racketeering case, which accuses the industry of conspiring to downplay the dangers of smoking.
The remedies were in line with sanctions government lawyers outlined in closing arguments before Ms Kessler earlier this month. That plan, however, has drawn criticism because it is only a fraction of the US$ 130 billion, 25-year programme recommended by a government witness.
The US$ 10 billion would pay for a nationwide programme that would run for five years if Kessler concludes that the tobacco companies violated racketeering laws.
The US$ 4 billion education programme would be spread over ten years and run through the American Legacy Foundation, an anti-smoking campaign created as part of the cigarette makers' 1998 settlement with state attorneys general. Among the other remedies listed by the government were a system that would impose heavy fines on the companies if rates of youth smoking fail to drop in line with pre-set targets, a ban on the use of ‘health descriptors’ in cigarette ads, such as ‘light’ or ‘mild’, the appointment of an ‘investigations officer’ with the authority to monitor and investigate the tobacco companies and to recommend removal of company executives if warranted. The department said the court should be allowed to extend the cessation programme if warranted. Industry critics repeated long-standing charges that the penalties are too weak and that the Bush administration was catering to the tobacco industry.
Ms Kessler has repeatedly urged the government and cigarette makers to settle the case. The two sides held meetings earlier this year at Ms Kessler's request in an unsuccessful effort to reach a settlement. (pi)