From: anne@tobaccodocuments.org
Date: Thu, 12/07/06
Anne LandmanChronology of FDA - Tobacco Events
Company/Source: Philip Morris
Document Date: 23 May 1995
Length: 7 pages
Bates No. 2074153715/3721
URL of this Summary: http://tobaccodocuments.org/landman/2074153715-3721.html
Document Images: http://legacy.library.ucsf.edu/tid/znc76c00
This 1995 narrative written by "Todd" (who is presumably Todd Haymore, a staffer
for then-Congressman L.F. Payne, D-VA) chronicles a series of secret meetings
between the White House and representatives from tobacco-growing states to
broker a deal to stop the U.S. Food and Drug Administration's efforts to
regulate nicotine a drug. The memo, a chronology of events apparently written
to refresh Payne's memory, indicates that then-White House chief of Staff Leon
Panetta engaged in secret negotiations with representatives of tobacco-growing
states to "remove [FDA Commissioner] Kessler from the radar."
Panetta dangled a proposal in front of tobacco companies, telling the
representatives that "voluntary action" by tobacco companies on the youth access
issue "may be the best way to stop Kessler from attempting to regulate tobacco
products" :
"AFTER IT BECAME APPARENT THAT THE FDA/KESSLER SITUATION WAS THE GREATEST
PROBLEM FACING TOBACCO STATE MEMBERS, IT WAS DECIDED THAT VOLUNTARY ACTION BY
THE TOBACCO COMPANIES ON YOUTH ACCESS ISSUES MAYBE THE BEST WAY TO STOP KESSLER
FROM ATTEMPTING TO REGULATE TOBACCO PRODUCTS.PANETTA SAID THAT IF THE INDUSTRY
CAME FORTH WITH A VOLUNTARY PROPOSAL AIMED AT REDUCING YOUTH ACCESS, THE
ADMINISTRATION WOULD REMOVE KESSLER/FDA FROM THE RADAR."
The memo also indicates White House attempts to keep the negotiations secret:
"Panetta stressed the need to keep this meeting and the comments within as
quiet as possible. He said that if the meeting or discussions reached the press,
the 'negotiations' would be off and the White House would deny knowing about
them."
Tobacco-friendly Congressman Thomas Bliley (R-VA) met with tobacco industry
leaders and told them about the White House's youth access proposal. The
industry put together a proposal and submitted it to Panetta. As a subsequent
meeting, Panetta warned Congressmen L.F. Payne (D-VA), Bliley (R-VA) and Charlie
Rose (D-NC) "to keep this proposal and this meeting very quiet because media
leaks would cancel any further discussions."
Ultimately, White House Counsel Abner Mikva reviewed the industry's proposal and
made a counter proposal that the industry found unacceptable. There is no way
to know the affect these negotiations may have had on tobacco companies ramping
up of youth smoking prevention programs in the mid-1990s.
Quotes
AFTER IT BECAME APPARENT THAT THE FDA/KESSLER SITUATION WAS THE GREATEST
PROBLEM FACING TOBACCO STATE MEMBERS, IT WAS DECIDED THAT VOLUNTARY ACTION BY
THE TOBACCO COMPANIES ON YOUTH ACCESS ISSUES MAYBE THE BEST WAY TO STOP KESSLER
FROM ATTEMPTING TO REGULATE TOBACCO PRODUCTS.PANETTA SAID THAT IF THE INDUSTRY
CAME FORTH WITH A VOLUNTARY PROPOSAL AIMED AT REDUCING YOUTH ACCESS,THE
ADMINISTRATION WOULD REMOVE KESSLER/FDA FROM THE RADAR.
PANETTA INFORMED MEMBERS THAT, AT THAT TIME, KESSLER COULD NOT ACT WITHOUT
PANETTA'S OFFICE KNOWING ABOUT IT. PANETTA STRESSED THE NEED TO KEEP THIS
MEETING AND THE COMMENTS WITHIN AS QUIET AS POSSIBLE. HE SAID THAT IF THE
MEETING OR DISCUSSIONS REACHED THE PRESS, THE "NEGOTIATIONS" WOULD BE OFF AND
THE WHITE HOUSE WOULD DENY KNOWING ABOUT THEM. HE ALSO FELT THAT IT WAS
IMPORTANT TO MOVE FAIRLY QUICKLY ON THIS ISSUE QUICKLY ON THIS ISSUE.
-----------------------------
Company
Philip Morris
Author
Todd (may be Todd Haymore)
Haymore, Todd (Spokesperson for Rep. L.F. Payne, D-VA )
Todd Haymore was a spokesman for, and worked closely with tobacco-friendly
former 5th District Congressman L.F. Payne, Jr. (D-VA) c.
1995(http://www.wpcva.com/articles/2006/02/01/chatham/news/news01.txt)
Recipient
Payne, L.F. (Rep. D-VA- Payne led a campaign to oppose FDA regulation of
tobacco)
L. F. Payne is businessman who served in the U.S. House of Representatives
from 1988-1997, D-VA. He was one of the founders of the Congressional Blue Dogs,
a coalition of moderate and conservative Democratic members of Congress. L.F.
Payne opposed President Clinton's plan to raise the federal excise tax on
cigarettes to pay for universal health care.
(http://legacy.library.ucsf.edu/tid/due01e00)
Mark
Paul
Region
United States
Named Organization
Columbia
Commerce Comm
Congress
EPA ( use United States Environmental Protection Agency)
United States Food and Drug Administration
Federal Trade Commission (Enforcement agency for laws against deceptive
advertising)
Enforces laws against false and deceptive advertising, including ads for
tobacco products. Ensures proper display of health warnings in ads and on
tobacco products;collects and reports to Congress information concerning
cigarette and smokeless tobacco advertising, sales expenditures, and the tar,
nicotine, and carbon monoxide content of cigarettes.
Justice Dept
Occupational Safety and Health Administration (Held hearings in 1994 to ban
smoking in workplaces)
OSHA opened hearings in September 1994 on a proposal that amounts to a virtual
ban on smoking in every workplace in the nation
Southern Democratic
Tobacco Institute (Industry Trade Association)
The purpose of the Institute was to defeat legislation unfavorable to the
industry, put a positive spin on the tobacco industry, bolster the industry's
credibility with legislators and the public, and help maintain the controversy
over "the primary issue" (the health issue).
White House
Litigation
Feda/Produced
Named Person
Bliley, Thomas (Representative (R-Virginia), Tobacco-friendly member of House
Energy & Commerce Committee.)
R-VA
Cerf, C.
Chiles, Lawton (Former Governor of Florida)
Clinton, William Jefferson (U.S. President, 1993-2001)
Foley, E.
Fowler, D.
Griffin, P.
Hunt
Kessler, David A., M.D., J.D. (FDA Commissioner)
appointed FDA Commissioner by President George Bush in December 1990.
Maples, R.
Mikva, Abner (White House Counsel, c. 1995)
Former judge on U.S. Circuit Court of Appeals in 1980s
Nicoli, David P. (PM Washington Relations Office, c. 1992-94)
PM Legislative Council, 1992. PM Washington Relations Office, 1994.
Panetta, Leon (Chief of Staff to President Clinton)
Panetta was appointed Chief of Staff to the President of the United States on
July 17, 1994, and served in that position until January 20, 1997.
Payne, Tommy Joe (RJR Lobbyist in D.C.)
Pitts, K.
Reno, Janet (U.S. Attorney General under Clinton Administration)
Rose, Charlie (U.S. Rep. (D-NC) 1986-1994)
Tobacco grower political ally.
Schlagenhauf, Jeff (Administrative Assistant to Congressman Thomas J. Bliley,
Jr)
Scott, G.
Tallon, R.
Whitley, Charles O. (TI Spokesman, U.S. Representative (D-NC))
Joe Camel
Xxtodd
Type
MEMO, MEMORANDUM
REPT, REPORT, OTHER
Subject
Political Influence (How the industry develops and applies political
influence)
Political participation
--------------------------------------------------------------------------------
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Any part of this posting can be copied and used freely.
Anne Landman
TobaccoWiki Editor
P.O. Box 23099
Glade Park, CO 81523-0099
Office (970) 263-9199
Cell (970) 216-9842
anneATourcewatch.org
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