TALLAHASSEE, Fla., June 22, 2004 - A bi-partisan group of former top federal health officials dating back to the Johnson Administration has submitted an amicus brief in a tobacco liability case with the Florida State Supreme Court, asking it to reinstate a trial court's award of damages and to designate that a portion be used in efforts to prevent Florida's children and teens from smoking.

The group, The Citizens' Commission to Protect the Truth, was established earlier this year to work toward the continued funding of the American Legacy Foundation's truth® youth anti-smoking campaign. The commission consists of all former U.S. Secretaries of Health, Education and Welfare and Health and Human Services; all former U.S. Surgeons General; and all former Directors of the Centers for Disease Control and Prevention. The filing of the brief in this case, Liggett Group, Inc v. Engle, is the first of what the commission expects will be many cases in which it will advocate that funds be earmarked for smoking prevention.

According to the brief, "The jury in this case determined that, based on the record of evidence demonstrating decades of fraud and deceit, the tobacco defendants should be held accountable for the severe personal injuries caused by smoking. Accordingly, the class wide damages award should be reinstated to ensure the victims' compensation, effective deterrence, and vital public health investments. The judgment in this case makes groundbreaking strides toward ensuring that the tobacco companies are held accountable for their decades of misconduct. It also presents a unique opportunity for a trial court to fashion a remedy whereby a portion of the class wide damages would be used for effective smoking prevention and other reduction programs."

On July 14, 2000, a Florida jury issued a punitive damages verdict totaling $145 billion against tobacco companies. In May 2003, the Florida Court of Appeals overturned the decision and decertified the class. The Florida Supreme Court agreed to hear an appeal of the lower court's ruling. Oral arguments in the case are scheduled for November of this year.

"A recent report by the Centers for Disease Control and Prevention finding a significant decrease in underage smoking credits the American Legacy Foundation's truth® campaign as a significant reason for this progress," said Joseph A. Califano, Jr., commission chairman and former U.S. Secretary of Health, Education and Welfare. "This case presents an opportunity to protect Florida's youth from the lure of cigarette smoking by telling them the truth about the dangers of smoking and the deception of the tobacco companies, which has led so many children to get hooked on cigarettes."

Commission members also are enlisting the support of the American public to help it force tobacco companies to continue payments to the Public Education Fund established under the Master Settlement Agreement between Big Tobacco and the states in 1998. Financial resources for the truth® campaign come from the Public Education Fund. The tobacco companies stopped making payments to the fund last year.

The commission has established a Web site - www.ProtectTheTruth.org - to gather petition signatures for Americans to show their support for the continuation of truth®. In addition to the petition, the Web site contains information about the commission, its members and links to truth® advertising spots. Hard copy petitions and Web site address slips can be downloaded from the "Be an Advocate" page, for those interested in helping the commission gather signatures. The commission asks that supporters pass the Web site address on to as many others as possible.

truth® is the largest national youth smoking prevention campaign in the country and has helped reduce youth smoking rates. In the two years following the launch of truth®, cigarette smoking among high school students fell from 28 percent to 22.9 percent - a drop of more than one million smokers. The "Monitoring the Future" survey, sponsored by the National Institute on Drug Abuse and conducted by the University of Michigan, cited the truth® campaign as a factor in the dramatic declines in smoking rates among 8th, 10th, and 12th graders.

Earlier this month, the Centers for Disease Control and Prevention also credited the American Legacy Foundation's prevention efforts with helping to reduce youth smoking rates even further. According to its report, "Cigarette Smoking Among High School Students - United States, 1991-2003" current, frequent, and lifetime smoking rates in 2003 are at the lowest level since the national Youth Risk Behavior Survey (YRBS) was initiated in 1991.

The Citizens' Commission to Protect the Truth was formed to end smoking by children and teens by encouraging the big tobacco companies - Philip Morris (Altria), Lorillard, R.J. Reynolds, and Brown & Williamson - to continue providing financial support to the Public Education Fund, the financing source for the truth® youth anti-smoking campaign. For more information on the commission or to sign the petition supporting the continuation of truth®, visit www.ProtectTheTruth.org or send an e-mail to info@ProtectTheTruth.org.

Contact: Richard Mulieri, 212-841-5306, media@protectthetruth.org

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