Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, May 27, 1994 TAG: 9405270111
SECTION: NATIONAL/INTERNATIONAL PAGE: A12 EDITION: METRO
SOURCE: Associated Press
DATELINE: TALLAHASSEE, FLA. LENGTH: Medium
The move came just days after Mississippi sued 13 cigarette manufacturers seeking to make them reimburse taxpayers for the cost of smoking-related illnesses.
"We're going to take the Marlboro man to court," Chiles said. "With this law, Florida sends a loud and clear message to the tobacco giants that they will be held accountable for sponsoring sickness and death."
Walker Merryman, a vice president of the Tobacco Institute, which represents the nation's cigarette makers, said he knew of no similar state law.
"This bill cheats thousands of Florida businesses and legitimate products out of the right to evidentiary protection and defenses," the Tobacco Institute said in a statement.
If the law is not repealed in next month's special session, the tobacco industry will challenge its constitutionality, the institute promised.
The law, which takes effect July 1, is designed to make it easier to win a court victory over an opponent that has so far been invincible: The tobacco industry has never had to pay damages to any smokers who have sued.
The law enables the state to file class-action lawsuits against tobacco companies, holding them individually and collectively liable for smoking-related health care costs paid by taxpayers. Officials say the state has spent $1.2 billion in Medicaid funds treating poor people with smoking-related diseases since 1989.
Traditionally, individual plaintiffs suing tobacco companies have had to show a direct link between physical harm and the company's tobacco. Under the new law, the state would be able to use statistics about smoking to show the link.
When Florida goes to court, tobacco companies would not be allowed to argue that some of the blame lies with the smoker.
"It's taxpayer money we're going to try to get back," Chiles said. "It's being used to subsidize the profitability of some of the largest conglomerates in the country."
Surgeon General Joycelyn Elders, former Surgeon General C. Everett Koop and former President Carter had written letters in support of the bill.
The measure, which moved through the Legislature as an amendment to a Medicaid fraud bill that drew little scrutiny from lawmakers, focuses on the liability of third parties for Medicaid recipients' health care costs. It doesn't specifically mention tobacco.
Florida's top business lobbyists had pleaded with Chiles to veto the measure, saying it would expose the manufacturers of many other products - including beef, cars and pharmaceuticals - to lawsuits.
Associated Industries of Florida was "working diligently to get it repealed," President Jon Shebel said Wednesday.
by CNB