Source: Los Angeles Times Contact: 213-237-4712 Author: Laurie Kellman, Associated Press Writer Pubdate: January 30, 1998 TOBACCO EXECS ACKNOWLEDGE ADDICTION WASHINGTON--Nicotine is addictive and causes health problems, but Congress still should approve a national settlement that would protect tobacco companies from some future lawsuits, industry executives say. "We cannot agree to any legislation that does not include the limited common-sense civil liability protections," Nick Brookes, chairman and chief executive officer of Brown & Williamson Cos., told a congressional hearing Thursday. There was little evidence that lawmakers were willing to grant protection to an industry that produced documentation showing it had targeted children in tobacco advertisements in the 1970s. "Our only goal must be to pass legislation that protects our children," said Rep. Henry Waxman, D-Calif., a staunch anti-smoking advocate. "We don't need the tobacco industry's blessing to do this. We don't even need their agreement. All we need is the political will to do what's right." The faceoff before the House Commerce Committee came as tobacco executives traveled to the Capitol to argue on behalf of the settlement they negotiated in June with 40 states. The deal would end lawsuits against the industry in those states if the companies pay $368 billion over 25 years and change business practices, such as marketing. Part of the settlement money would be used to treat sick smokers. In return, the companies would get protection from class-action lawsuits. On a second legal front, The Wall Street Journal reported today that the Justice Department has begun an antitrust investigation to determine whether three big tobacco companies colluded on tobacco leaf pricing. The investigation is in its earliest stages and started when the companies bid the same price for a shipment of foreign tobacco, according to the report. The Journal cited people familiar with the inquiry. The companies are Brown and Williamson, R.J. Reynolds Tobacco Co. and Philip Morris Cos. A lawyer for Philip Morris said he was not aware of the antitrust investigation, Brown and Williamson declined comment and RJR representatives did not return telephone calls, the newspaper reported. On Capitol Hill, the tobacco executives in pursuit of their goal - -congressional approval of the June settlement -acknowledged the health risks of tobacco use and promised to make public additional documents on whether teen-agers were targeted by the industry and research on nicotine. "Is nicotine addictive?" asked Rep. Diana DeGette, D-Colo. "It would be," replied Laurence Tisch, co-chairman and chief executive officer of Loews Corp., which owns the Lorillard Tobacco Co. "Yes, under the terms that people use today, I would say it is," said Steven Goldstone, chairman and chief executive officer of RJR Nabisco. Said Vincent Grierer Jr., chief executive officer of U.S. Tobacco Inc.: "That would be accurate." Some cigarette executives made similar acknowledgments in letters to the Senate Judiciary Committee last year. But Brookes demurred Thursday on addictiveness of tobacco. "I personally would not use that term," he said. Asked by Rep. Gene Green, D-Texas, whether tobacco products cause health problems, such as lung cancer, Goldstone replied, "Yes, I think smoking plays a role in lung cancer." Answered Tisch: "I think it plays a role." On targeting cigarette ads to youth, Goldstone said: "It is immoral, it is unethical as well as illegal to market to people underage." He and four other industry executives pledged to make public hundreds of thousands of 1970s documents sought by Minnesota prosecutors who are suing the industry for consumer fraud and deception. Those documents, also dating back to the 1970s, contain the industry's research into whether nicotine is addictive and its plans to market tobacco products to children, said Scott Strand, deputy counsel in the Minnesota attorney general's office. "This is a very good decision," the committee chairman, Rep. Thomas Bliley Jr., R-Va., told the executives. "Now, the American people will have a chance to read those documents for themselves." Copyright Los Angeles Times