Editorial: What are these guys smoking?

Tuesday, April 14, 1998 | 10:45 a.m.

THE tobacco industry took a drag and exhaled some noxious nonsense on the television talk shows over the weekend, feebly arguing its case as to why the industry shouldn't face stricter curbs.

The spokesmen for the tobacco industry certainly didn't do themselves any favors with their hyperbole. J. Phil Carlton, a tobacco industry attorney, even invoked Big Brother in decrying the legislation. "It is inconceivable to me that a Republican Congress would pass a bill that calls for the kind of big taxes, big government and big brotherhood that this bill calls for," Carlton said on the "Fox News Sunday" program. But to equate Congress' anti-smoking curbs to Big Brother insults the intelligence of the American people.

Sen. John McCain's legislation is admittedly tough, but it is also reasonable considering the destruction that the tobacco industry has inflicted on America's public health. The Arizona Republican's bill would make the industry pay $516 million over 25 years for anti-smoking programs, hike the federal cigarette tax by $1.10 a pack and set a $6.5 billion annual liability cap -- but no immunity -- on future lawsuits. It also would levy an annual $3.5 billion penalty on the industry if teen-smoking restrictions are met.

It's an improvement over the original deal worked out last June between the tobacco industry and state attorneys general and health advocates, a $368 billion plan to curb teen smoking and fund anti-smoking programs. Individual lawsuits would have still been allowed but that deal set a $5 billion limit on damages from lawsuits and banned future class-action lawsuits.

Tobacco industry advocates like to suggest that the tobacco deal was killed because of greed. But this completely misses the point. Congress correctly noted the deal could be improved and the Senate Commerce Committee, which McCain chairs, passed his legislation by a 19-1 vote.

Congress and President Clinton should go forward immediately with the legislation, with or without the tobacco companies. When Big Tobacco used to roar, many members of Congress would meekly consent to whatever it was seeking.

But a sea change in public opinion no longer makes it so frightening to take on the tobacco industry. Despite the industry's huge campaign contributions in the past, Congress has demonstrated it can stand up to a major contributor and do what's right for the American people.