On the recordMay 21, 1998
there are few industries I consider more vile than the cigarette manufacturers. I believe they lied to the American people and knowingly addicted millions to their harmful product. It is with this disgust and anger in mind that I encourage my colleagues to vote against the Gregg Amendment. Although at first blush it may seem the ``right'' thing to strike the liability cap if we want to punish the tobacco manufacturers, in effect we will have done exactly what they want us to do: Kill the bill. We should first ask ourselves what we are trying to accomplish with this legislation: Reduce teen smoking, fund worthy tobacco-related programs while holding harmless innocent parties such as farmers. Would the Gregg Amendment further any of those goals? No. The provision stricken by this amendment does not grant immunity to anyone, rather it sets a yearly cap on what they will pay and allows us to charge fees, put in place advertising restrictions and conduct strict oversight. In essence, it keeps the companies out of bankruptcy thereby allowing us to keep a close eye on them and force them to undo some of the damage they have done. The liability cap of $8 billion per year cuts off no one's rights or payments, other than for those who want to settle their claims. Taking it away would likely result in many aggrieved parties going unpaid because the companies would file for bankruptcy protection, effectively shutting out meritorious plaintiffs from recovery.
Source
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