

THE GREAT "SMOKING" FRAUD
by John Jonik
Corporations,
being non-living, abstract entities, cannot dream, but if they could, they
would dream of such things as a labor force that receives no compensation
and that retains no rights, the elimination of competition, requirements
that consumers purchase their products or services, freedom to make their
own laws, a powerful military to pave the way for expansion, guaranteed
profits, secrecy in every detail, elimination of critical voices, and freedom
from any and all forms of liability. Except for slavery and absolute freedom
from liability, this dream has generally come true. Corporate dreams are
the stuff of nightmares for the living.
For many years, corporations have paid their way through public officials
and laws to minimize liabilities. In March 1999, the US Supreme Court ruled
that judges can, for whatever reason, exclude expert witnesses for a plaintiff
in product liability suits because absolute proof of a product causing harm
is impossible. All other science is considered "junk science"
to the Corporatocracy. Outside of a Chernobyl or Bophal here, and a Three
Mile Island or Dalkon Shield there, nothing has really slowed the Tort Deform
movement. One area has the potential to do so, however, and it seems that
they know it all too well. Therefore, the move towards tort "reform"
is gathering steam. What may be the biggest single area of corporate crime
and irresponsibility, if you count the bodies, is the so-called "smoking"
area. The recent "settlement" that was pushed through represents
the overwhelmingly largest dodge of corporate responsibility in history.
The only thing imaginably larger would be if chlorine and its deadly by-product,
dioxin, was brought into an honest court of law.
Right now, the cigarette makers, by way of the incredibly fraudulent "settlements,"
are escaping HUGE liabilities. Do the math. How many victims are dead or
diseased because of their mislabeled, chemical-saturated, radioactive (yes),
toxin-containing synthesized products? It is said that it's about 450,000
a year in the US alone. How many years has this mortality rate existed?
Shall we go back to when tons of pesticides entered the products? To when
the paper became chlorinated? To when asbestos was put into Kent filters?
To when the radioactive phosphate fertilizers came into use? Or should we
give the cancers and other diseases ten or twenty years to develop? For
the sake of a reference point, how about going back just 40 years--even
though the chlorinated chemicals in cigarettes, DDT included, go back further?
As for adequate compensation, $1.5 million seems reasonable to be paid per
average killed victim of corporate misconduct. Conclusion: the cig "settlement"
that just got shoved down the public's throat, SAVES the industry over TWENTY-SIX
TRILLION DOLLARS. Of course, this represents an identical amount denied
to victims and the public in general. The math:
450,000 dead per year U.S.
x 40 years
18,000,000 killed over 40 years
x $1,500,000 reasonable compensation per death
$27,000,000,000,000 Total penalty (compensation due
- $250,000,000,000 "Settlement" pay-out to States
$26,750,000,000,000 Savings to cigarette manufacturers
(LOSS to victims and the public)
If one wants to quibble on some details, even cutting this in half means
a savings (and LOSS) of over $13 Trillion. By one-fourth? About $7 Trillion,
etc. This would be enough to fund a Universal Public Health system for the
next century, and folks wouldn't even NEED the care so much if the chemicals
were properly regulated or removed.
The current "settlement" pay-out, $250 billion, sounds like a
lot, but here's the math on THAT:
$ 250,000,000,000 "settlement"
÷18,000,000 killed over 40 years in US
$13,888 pay-out per US fatality
Well, people get more than that in suits against their barber for trimming
sideburns too short. And, of course,
·not one victim or surviving family member will get a CENT from the
industry;
·this only covers deaths in the US, not overseas;
·this only covers deaths, period--no diseases in the US or anywhere;
·the industry is not required to hand over profits made via the indicted
products; no forfeiture of tools of crime, either;
·the industry is not required to REMOVE the known toxic and carcinogenic
non-tobacco constituents;
·they are not required to show evidence that ANY non-tobacco additives
or adulterants are safe in this use;
·the industry is not required to reveal any of the non-tobacco constituents
to consumers, public health officials, congressional representatives, independent
scientists OR to liability attorneys;
·the industry is not required to remove the chemical additives that
keep the product burning and which, therefore, lead to thousands of fires
each year and thousands of deaths and injuries;
·they are not required to remove (or disclose) the chemicals and other
additives that make the products sweet, flavorful, smooth and appealing
to young taste buds;
·they are not required to remove (or disclose) adulterants that are
added specifically to accelerate nicotine processing into the body; and
·they are not required to stop suggesting (and even SAYING) that their
products are tobacco.
As to that last point, the stuffing in a typical cigarette is no more tobacco
than this paper is a TREE, although this paper is BASED on tree fiber. Typical
cig stuffing is made like paper, from a vile mash of SOME tobacco leaf (if
you're lucky or if you live in Europe), stems, roots, twigs, leaf waste,
and sweepings. All of this is HIGHLY contaminated with any number of 450
"US-approved" tobacco pesticides, plus banned-in-the-US DDT from
all the foreign tobacco waste that is used, plus radiation from the phosphate
fertilizers. Into this soup goes any number of up to 1,000 or so UNTESTED,
often known toxic and/or carcinogenic additives. It is all colored like
tobacco, flavored like tobacco, scented like tobacco, given adjusted shots
of nicotine-like tobacco, texturized like tobacco, and then cut into little
shreds that look just like tobacco shreds.
That's not all. Some of this tobacco-like cig stuffing is not even BASED
on tobacco but on:
a. Loblolly Pine cellulose
b. Paper manufacturing waste
c. Agricultural waste
d. Timber products waste
e. Municipal paper waste
f. Food processing waste
Reportedly, some top cigs don't even use tobacco in any form, but use just
the other stuff because it's cheaper and because they are not required to
tell anyone anything. Description of these processing tricks is in the US
Patent Office. A lot of information can be found on the web site <http://rampages.onramp.net/~bdrake>.
To evade marketing fraud laws, the cig makers tell us that the cigs give
us "full tobacco taste," "great tobacco pleasure," or
"rich tobacco aroma" or what-not. They never say it's tobacco.
To call this the "tobacco industry" is to assist them by using
THEIR marketing word. It is a LIE. Use of the word "tobacco" under
oath is clearly perjury if it is knowingly used, without qualification,
to describe the end-products. Laws or medical and scientific reports based
on such lingo are inescapably invalid.
THE VICTIMS
We are told that the unwarned, uninformed, unprotected users of what they
THOUGHT was tobacco were sufficiently warned. There is even a Federal Law
forbidding challenges to the "warnings" on the grounds that they
are insufficient. However, the trick resides in the fact that tobacco, like
swimming or going down the stairs, is inherently risky to some degree. That
is the risk every consumer believes the "warnings" are about.
No one was warned that there was ASBESTOS in Kent Filters before it was
removed to make a Safer Cigarette. And today, no one is warned that typical
cigs deliver HIGH doses of chlorine-sourced DIOXIN or that they are contaminated
with low-level radiation (very dangerous in its own way), or that many of
the additives become cancer-causing when incinerated or that the combination
effects of some of the adulterants are deadly. No one is warned that the
charcoal in some filters sends dangerous levels of fine particles into the
lungs, and that this is a cancer cause. No one is warned that fibers from
other filters do the same thing.
The reason victims are not going to get any compensation (or protection,
for that matter) is that "they were warned," but "they chose
to smoke anyhow." Well, if you are warned that swimming is "dangerous
to your health," this does NOT exculpate someone who dumped Anthrax
into the pool or secretly stocked it with sharks. If you are warned that
sharp knives are "dangerous to your health" but don't know that
the blades are flawed and ready to break, the manufacturer is NOT off the
liability hook. Cigarettes are indeed privileged characters among consumer
products. This HAS to end. Organic tobacco, inherent risks notwithstanding,
ought be the ONLY type available. This would save those farms too.
It is unacceptable that the dangerous stuff is in the products in the first
place. The stage where a "warning" is necessary to advise about
the dioxin, radiation, and other toxins and carcinogens ought to have never
been reached. That's why US citizens pay and authorize regulatory agents
to do the job of assuring maximally safe products. The stuff is in there
because those in government chose NOT to work for the people, as is their
sworn duty, but to work for non-human corporate entities instead. They are
NOT working for the Government ("of, for and by the People") when
they step OUT of this role to work for business interests. That is, it would
be preposterous to sue or charge the Government (the People) for misdeeds,
since this would, in effect, be suing or charging the VICTIMS. Every time
some government official approved a deadly industrial chemical in a cigarette,
he or she worked for a non-government entity, probably one that paid campaign
contributions or which offered employment or one in which the official holds
shares.
PRECEDENT
In May, 1998, the US Supreme Court hit Lorillard with a big punitive damage
penalty for killing a California man with its Asbestos Filters. The family
of this man already won high compensatory damages in California.
The total pay-out came to over two million dollars. That's for ONE DEATH
by what they call "smoking." One down, 17,999,999 more to go.
The motive for hiding cig adulterants is said to be for "trade secret"
reasons. See 1984 Comprehensive Smoking Education [sic] Act . Well, it would
be a RICO statute issue of enormous proportions if the whole cartel of cig
adulterants' suppliers were brought into court for their knowing contribution
to the fatalities and diseases. It would do a real number on the Public
Image of the adulterants' suppliers. It would reveal the extreme harms of
chlorine and its by-product, dioxin, and reflect on ALL other uses of this
deadly substance. It would reflect on the oil and petrochemical industries,
the entire synthetic pesticide industry, plastics, synthetic fabrics, paper-making,
pharmaceuticals and so on. It would indict and reflect on the agricultural
corporations that supply so much of the adulterants, on the sugar industry,
on the chocolate and candy industry, on pharmaceuticals for their cigarette
ingredient contributions, on logging (for paper fiber), and on and on.
It is considered "incorrect" to use Third Reich analogies but,
for perspective, I cannot help noting that the figure of 18,000,000 fatalities
(in the US alone over 40 years) is THREE TIMES the number of those killed
in more direct fashion by the Third Reich. Note that the word "Holocaust"
means "burnt offering" and that cigarettes are things that burn.
Incidentally, many of those who dislike Third Reich and Nazi analogies are
those in the corporatocracy who have good REASON to avoid such comparisons.
These are the same conspirators ("just doing business") who dislike
and ridicule "conspiracy theorists." All too understandable.
Clues that the entire "smoking" campaign is a FRAUD:
· The very insurance companies that claim to be "anti-smoking"
(instead of anti-Poisoning-of-Consumers) are the ones that INVEST heavily
in cigarette manufacturers.
· These insurers also INSURE the cigarette manufacturers.
· Insurers also insure and invest in probably ALL of the cigarette
additive and adulterant businesses.
· "Anti-Smoking" Congress members and other officials are
funded by: (a) the above-mentioned insurance companies, (b) investors in
the complicit companies, (c) chlorine-intensive pharmaceutical firms (some
being suppliers of cig ingredients like artificial sweeteners, preservatives,
flavorings, etc., etc., (d) For-Profit hospitals linked to the above industries,
(e) any number of cigarette ingredient suppliers themselves such as paper,
logging, ag-biz, sugar, spices, etc, etc.
· Judges, regulatory officials, legislators and even juries do not
recuse themselves even though they have economic links to the industries
in question.
· The "scientists" and "doctors" who use the industry
language re/"smoking" and "tobacco" are often funded
by or otherwise linked to the cigarette ingredient cartel. To not so much
as DESCRIBE the nature of the very product they study is to create fraudulent,
dishonest, integrity-free "science."
· Although cig radiation peril was publicized widely in the mid-80's,
the radiation is STILL there! Koop himself once warned that this radiation
was the cause of MOST "smoking-related" lung cancer. Not "radiation-related"?
One guesses Koop was advised by nuclear interests and their insurers, et
al, to lay off. Silent since.
· Attorney, Ron Motley, the one who brought most of the cig suits,
is the SAME Ron Motley who saved the Asbestos Industry by "settlements"
and who screwed untold numbers of asbestos victims out of rights to just
compensation. The cig cartel picked its "enemy" well.
· "Settlements" do NOT forbid cigarette company subsidiaries
like RJR or Kraft foods from partaking in rewards via nutrition programs
or the like. That is, the victimizers will be profiting from sin taxes,
etc., on their victims.
· "Settlements" do NOT forbid cig advertisers (who LIED about
the nature of the products for DECADES) from profiting from ANTI "smoking"
campaigns funded by the victims via sin taxes and price hikes.
· "Settlements" do NOT forbid cig insurance companies (some
also cig investors) from being "reimbursed" for health care costs
that were caused by their own economic properties and/or their own insurance
clients.
· "Concern for the Kids" is proven false by utter failure
to remove the cig ingredients that most dangerously affect the young (dioxins,
primarily) or the additives that make rough, bitter tobacco (or whatever
is in a typical cig) appealing and acceptable to the young.
· Information about extreme harms of dioxin exposures is available
at the US EPA and other agencies and independent groups. Utterly IGNORED
by anti-"smoking" forces in spite of HIGH levels of dioxin in
typical cigs.
· There is NO study in the entire US regulatory system of the negative
effects of unadulterated TOBACCO.. the ostensible focus of all the legislation.
It is, of course, a scapegoat. Also, biologists will explain that NO natural
plant, even tobacco and even incinerated, is CAPABLE of causing the litany
of diseases blamed on tobacco.
· Anti-"smoking" pharmaceutical firms (a) often sell competing
synthetic nicotine delivery devices; (b) may be contributors to cigarette
composition; (c) do NOT want their precious chlorine to be indicted or even
linked to "smoking" deaths and disease (as it is linked to Agent
Orange, Times Beach, Love Canal, DDT, PCBs, etc.); (d) often make drugs
that COMPETE with nicotine for stress/anxiety relief, alertness, appetite
suppression and digestive aid; (e) hope to get Exclusive Patent Rights to
nicotine for use in the above and also Alzheimer's and Parkinson's drugs
for the upcoming Baby Boom oldsters; (f) AND are often the same firms that
make cig pesticides.
· "Anti-tobacco" and "anti-smoking" groups are
often funded by trhe above complicit industries or related Foundations.
This cigarette thing is being used to undermine the US tort system and further
get the public out of the way of Criminal Corporations and their employees
in "government." The campaign, cleverly, as before, uses the religious,
cultural, and instinctive bias against natural plant "drugs,"
demonization of the "disobedient" and the falsely-attributed health
concerns to gain public support. It happened before, with ongoing devasting
consequences, in the prohibition of Hemp/Marijuana which, of course, loosed
a global flood of checmicals and chemical-contaminated products on everyone
and every animal on the planet via the industrial alternatives to hemp and
marijuana. Not to mention deforestation, mass imprisonment, health costs,
loss of a benign medicine, loss of farm land and so forth.
Except for the liability areas, the similarities and overlaps between the
Reefer Madness campaign and Tobacco Madness are numerous. In most cases,
it's the same exact industries and the same exact corporations that are
involved. In fact, the same corporations and industries are involved globally
with an endless list of health and environmental disasters. One important
part of the "smoking" campaign is, of course, to lay as much blame
as popssible for industrial-caused death and disease (from cigs or elsewhere)
on a natural plant or victims' behavior. Their supreme achievement in the
"smoking" campaign is persuading the "health-conscious"
public (even Lefties) that the Corporatocracy, including the corporate media,
is suddenly a concerned Consumer Advocate "getting tough" on the
tobacco plant "for our protection." The most unanswerable question
is: which are the bigger liars? The industrial cigarette makers or their
business partners who pretend to condemn them?
(Documentation available.)