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Action on Smoking and Health
A National Legal-Action Antismoking Organization Entirely Supported by Tax-Deductible Contributions
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Former FDA Head Kessler Blasts Big Tobacco in Testimony for Upcoming Racketeering Case [09/14-4]
Excerpts from: Ex-FDA Head Kessler Hits Tobacco Cos In Racketeering Case
By Brian Blackstone Dow Jones Newswire [09/13/04]
Former Food and Drug Administration Commissioner David Kessler lashed out at the
tobacco industry in testimony released Monday, saying it manipulated nicotine
levels despite industry denials and that it misled the FDA during the 1990s.
Kessler is the opening witness in the U.S. government's $280 billion racketeering case against cigarette makers that starts Sept. 21.
Under direct examination released Monday by the Justice Department, Kessler, the government's opening witness, said cigarette manufacturers Philip Morris, Brown & Williamson and R.J. Reynolds "denied that nicotine was addictive" and " denied that they manipulated the level of nicotine in cigarettes" when the FDA conducted investigations into tobacco and public health in the 1990s.
Citing research from the FDA's St. Louis drug labs, Kessler said that "light" cigarettes had higher concentrations of nicotine. Thus, "the manufacturer had to be controlling and manipulating the level of nicotine in these brands," Kessler said.
Kessler will be cross-examined by defense lawyers next week after opening arguments.
The government seeks $280 billion in damages from what it claims are proceeds from fraudulent activities on the part of tobacco companies over a 50-year period aimed at encouraging young people to smoke.The effects of nicotine and whether levels in cigarettes were altered are core elements of the government case. Justice Department officials contend that cigarette makers falsely denied that smoking is addictive and that manufacturers manipulated nicotine levels. The government also charges that cigarette companies deliberately misled the public about the safety of low-tar cigarettes.
The government and defense will each have about 12 weeks to present evidence. The government will call about 20 expert witnesses, Justice officials said.There are no settlement talks as the trial date draws near, Justice officials said.
Asked if cigarette makers cooperated with the FDA during Kessler's investigations a decade ago, the ex-FDA Commissioner contended in testimony that they "did the opposite."
click here to view Kessler's testimony
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