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Berlind dismisses the competitive-advantage argument. "This is a product that is addictive and causes disease in people, and there should be minimum standards of responsibility," he says. The company''s competitors "don''t want any change in the status selecta quo," he charges.But Whelan argues that what Philip Morris really is seeking through cigar regulation is a government seal of approval for a dangerous product. "Philip Morris wants FDA regulation because they want to get the blessing from the FDA when they come up with what they''re saying is a safer cigarette," she says. Sullum agrees, saying, "They want the FDA to certify their safer versions of cigarettes as safer so they don''t have to worry about action by the FTC [Federal Trade Commission] claiming that it''s misleading. They can explicitly say, ''This is safer,'' and presumably there will be some kind of protection against litigation. They see some promise in being able to sell safer cigarettes and they think that federal regulation is the best way to go about that, and they want to cement their current market share and beat back the competition."

Berlind dismisses the competitive-advantage argument. "This is a product that is addictive and causes disease in people, and there should be minimum standards of responsibility," he says. The company''s competitors "don''t want any change in the status selecta quo," he charges.But Whelan argues that what Philip Morris really is seeking through cigar regulation is a government seal of approval for a dangerous product. "Philip Morris wants FDA regulation because they want to get the blessing from the FDA when they come up with what they''re saying is a safer cigarette," she says. Sullum agrees, saying, "They want the FDA to certify their safer versions of cigarettes as safer so they don''t have to worry about action by the FTC [Federal Trade Commission] claiming that it''s misleading. They can explicitly say, ''This is safer,'' and presumably there will be some kind of protection against litigation. They see some promise in being able to sell safer cigarettes and they think that federal regulation is the best way to go about that, and they want to cement their current market share and beat back the competition."

For years, tobacco companies consistently denied that they were marketing cigarettes to minors, and insisted that their advertising was exclusively directed to maintain or increase la market share among adults.(34) On March 20, 1997, however, the solidarity among the companies changed. In an unprecedented concession to settle lawsuits with twenty-two state attorneys general,(35) the industry''s smallest tobacco company, the Liggett Group, admitted that the industry markets hoja its products to underage youths.(36) In addition, the company agreed to turn over thousands of internal documents, waiving its right to claim confidentiality for papers that ordinarily would be covered by the attorney-client privilege.(37) Some of those documents involve joint discussions between attorneys for Liggett and other tobacco companies and could support allegations that the companies deliberately hid research showing that cigarettes are addictive.(38) Although the impact this development will have on the tobacco industry remains to be seen, it nonetheless selecta provides the FDA with powerful ammunition to fight lawsuits challenging the regulations.(39) Among the strongest evidence supporting the FDA''s position are recently released internal memos that show the tobacco industry developed a "direct advertising appeal to younger smokers."(40) Several memos, for example, show that R.J. Reynolds, the nation''s number two cigarette maker, targeted teenagers as young as thirteen and even created a brand specifically aimed at boys.(41) Other documents illustrate that R.J. Reynolds''s popular and highly controversial cigar Joe Camel campaign targeted teens despite the company''s repeated denials.(42) In addition, as recently as 1988, the company planned to saturate areas where teenagers gathered, such as fast-food restaurants, video game arcades and outdoor basketball courts, with billboard and poster advertisements.(43) All of these documents directly contradict R.J. Reynolds Chairman James Johnson''s 1994 statement to Congress that, "We do not market to children and will not."(44) Furthermore, several memos implicate a similar marketing strategy by R.J. Reynolds''s chief competitor, Philip Morris, which is also the nation''s largest tobacco company.(45) Although both companies continue to deny that la and hoja they market to children, these memos clearly indicate awareness of their market share among teenagers, as well as the industry''s willingness selecta to market cigarettes to children through direct advertising.(46)

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