-Caveat Lector-

When has it ever been clearer? The tobacco industry has killed more people
than all the dictators of the 20th century combined. Yet under law, they
were permitted, AND STILL ARE PERMITTED, to produce a product that kills
and maims MILLIONS.

The Supreme Court, and the Senate are charged with the task of protecting
the elite rulers they work for, and especially the capitalist system which
which keeps them rich and in control of all the important aspects of our lives.
The solution? More democracy. No institution should EVER be beyond the reach
of the society it is meant to serve. If the Supreme Court is populated by elite
corrupt bastards, they should be able to be " retired " without perks and
pensions by a public referendum , and their rulings should too.

In the article below David Kessler says that the Supremes ' did not get it.'
They got it. They were doing their job.

Joshua2
for Nurev
=========================================

   By LAURAN NEERGAARD, Associated Press

   WASHINGTON (January 6, 2001 2:57 p.m. EST http://www.nandotimes.com) -
   Dr. David Kessler sat in the Supreme Court chamber and wanted to shout
   at the justices: Facing a landmark public health case -- a chance to
   curb addictive nicotine, they just did not get it, recalls the former
   Food and Drug Administration commissioner.

   His agency had uncovered proof tobacco companies manipulated nicotine
   to hook smokers and targeted minors to take up the habit.

   Yet the justices wondered aloud why the FDA should regulate tobacco by
   prohibiting marketing to teenagers, and asked if regulating
   adrenaline-pumping horror movies would be next.

   "'The evidence, that's what's different,' I wanted to shout," Kessler
   recalls. "Why didn't they understand that?"

   To the Supreme Court, "it was as if our investigation had never
   happened."

   Almost a year after the high court ruled that Congress never gave the
   FDA authority to regulate tobacco, Kessler has written a book
   chronicling the five-year investigation that uncovered some of
   industry's deepest secrets.

   It's a detective story, showing how a group of bureaucrats quietly
   crisscrossed the country piecing together evidence -- even discovering
   specially bred high-nicotine tobacco secreted from Brazil into U.S.
   cigarettes -- that forever changed how society views tobacco.

   The book, "A Question of Intent: A Great American Battle with a Deadly
   Industry," makes clear that the story is not over. Although the FDA's
   investigation helped spur state lawsuits that cost cigarette makers
   billions of dollars, millions of Americans remain hooked.

   "I had underestimated the enormous power of the industry," Kessler
   said in an interview, explaining why he wrote the book. "I don't think
   people know the extent to which their tentacles really reached."

   While Kessler still insists tobacco cannot be banned -- that would
   throw too many people into withdrawal -- he now advocates dismantling
   the industry. He envisions a special corporation to sell cigarettes
   without advertising or making any profit, thus removing the incentive
   to hook new smokers.

   "It has become apparent that nothing else will work," he writes.
   "Ultimately, cigarettes should be sold in brown paper wrappers, with
   only a brand name and a warning label."

   Tobacco companies had not seen Kessler's book, which is being
   published this week. But industry leader Philip Morris, which once
   bitterly fought the FDA's regulations, says today, "Tough and sensible
   FDA regulation of the industry is needed and should focus on such
   things as preventing kids from smoking."

   Kessler, now Yale University's dean of medicine, did not come to the
   FDA in 1990 even considering battling tobacco. Arriving admittedly
   naive, the bespectacled pediatrician led the nation's biggest
   consumer-protection agency through a series of crises, including drug
   tampering, food frauds, and how to speed approval of AIDS drugs.

   So at first, he said an employee's suggestion to take on tobacco was
   "crazy." But anti-smoking groups were pressuring the FDA. Then an
   agency lawyer noted, "Cigarette manufacturers can take the nicotine
   out, but they leave it in. That goes to the question of intent."

   The answer seemed plain: deliberately control or manipulate nicotine,
   and it is a drug the FDA could regulate. The investigation was on.

   A former Secret Service agent and an Army criminal investigator
   schmoozed skittish informants with code-names like "Deep Cough" into
   sharing industry secrets.

   Lawyers pored over internal industry documents that stated, "We are
   then in the business of selling nicotine, an addictive drug."

   They culled evidence from newspapers, lawsuits, and dusty U.S. Customs
   records that showed when that secret high-nicotine tobacco entered the
   country.

   Kessler, who left the agency in 1997, recalls when he knew President
   Clinton would back the FDA's effort. In a White House meeting, Clinton
   read some of those internal documents. Kessler quotes him as
   exclaiming, "I want to kill them. I just read all those documents and
   I want to kill them."

   The Clinton administration sued the industry in 1999, accusing it of
   putting profits before health by concealing data that showed nicotine
   is addictive and smoking causes disease. Government lawyers also
   contended the industry targeted its advertising toward children as
   potential new smokers.

   A federal judge ruled in September that the government could not
   invoke two federal laws to recover Medicare payments and other costs
   of treating ill smokers. However, the judge said the government still
   could try to force the industry to pay billions of dollars for
   allegedly concealing the dangers of smoking.

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