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American Lung Association American Lung Association National Headquarters 61 Broadway New York, NY 10006 Phone: (212) 315-8700 Fax: (212) 315-8870
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NATIONAL BEHIND THE SCENES: The landmark Department of Justice lawsuit against the large tobacco companies took center stage in federal tobacco policy in 2005. The government, using the civil Racketeer Influenced and Corrupt Organizations (RICO) law, presented a strong case showing evidence that tobacco companies have been engaged in a 50-year campaign to deceive and defraud the American public about the dangers of smoking. The case, which was filed six years ago and argued for eight months, came to a surprising end when in closing arguments, the federal government asked for only $10 billion for cessation efforts, instead of the $230 billion their expert witnesses had proposed during the trial
The American Lung Association joined with other national public health organizations to intervene in the remedy portion of the case. The groups argued for imposing stronger remedies on the tobacco companies such as requiring them to pay for smoking cessation programs, conduct public education and counter-marketing campaigns, and reduce youth smoking rates substantially.
Congress did not provide significant leadership on tobacco control issues in 2005. Broad bipartisan legislation to give the Food and Drug Administration (FDA) authority over tobacco products and advertising was re-introduced early in 2005, building on support garnered in the 108th Congress. As Congress adjourned for 2005, there were 84 House co-sponsors and 21 Senate co-sponsors, but no plans to bring FDA legislation to a vote. Leadership in the House of Representatives remains strongly opposed to the bill; however, the strong bipartisan support may force a vote in coming years.
In 2005, Congress continued to underfund the National Action Plan on Tobacco Cessation proposed by the Department of Health and Human Services appointed Subcommittee on Cessation of the Interagency Committee on Smoking and Health. However, progress was made in 2005 with the announcement that Medicare will now cover smoking cessation counseling for most of its beneficiaries.
The President has failed to submit the international tobacco control treaty, the Framework Convention on Tobacco Control, to the Senate for ratification even as 114 nations have ratified the treaty as of November 2005, which has the force of international law. Since the United States did not ratify the treaty, it was not able to participate in international negotiations to implement and enforce the treaty and will not benefit from the public health improvements that occur from limiting tobacco sales and advertising.
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