OPINION - CALL BIG TOBACCO'S BLUFF

You might call it the $500 billion bluff. Big Tobacco has pulled out of
search for a "comprehensive" tobacco deal -- or have they? We at the
American Lung Association believe it's all just a bargaining ploy to shake
down Congress and President Clinton for a better deal. It's a ploy that
Congress and the president should reject out of hand.

After all, Congress does not need to go on bended knee to beg for tobacco
company permission to protect public health. Instead, our lawmakers can move
forward to enact strong legislation without giving in to Big Tobacco's
demand for immunity for past, present and future misdeeds. Indeed, this is
an opportunity for President Clinton and Congress to show leadership to
protect public health without negotiating on the tobacco industry's terms.

The nature of the industry bluff becomes clear when you examine the
year-long quest to achieve a settlement with the cigarette makers. Last
June, the tobacco companies negotiated a sweetheart deal for themselves. To
sum it up: They'd pay some money in return for special protection from
lawsuits.

Tobacco analysts declared the "settlement" would make the companies more
prosperous than ever. Public health groups, led by the American Lung
Association, noted that the deal would allow Big Tobacco to continue
addicting children while deducting the modest payment from their taxes as a
business expense.

Despite the outcry, a Senate committee recently approved yet another special
deal for Big Tobacco. The difference from the earlier deal: The companies
would pay a little more, but still receive special protection in the form of
a limit on payouts for legal damages. We believe the Senate plan, crafted by
Sen. John McCain of Arizona, is far too weak. We particularly oppose giving
a special deal to an industry that we now know sought to ''hook"
5-year-olds. In recent days, the tobacco companies have engaged in a cynical
attempt to make the McCain bill look too tough on them. And now they've
rolled out a doomsday scenario. They assert that if Congress proceeds with
the Senate plan, it will mean bankruptcy for the tobacco companies.

Our reaction to this gambit: Good riddance! The sheer arrogance of the
tobacco industry is amazing!

Ironically, Big Tobacco made its Big Bluff only days after the U.S. Supreme
Court ordered the release of 39,000 secret industry documents that have been
kept under wraps in a Minnesota suit against the companies. Tobacco
companies wanted to keep these documents hidden so badly that they took
their case all the way to the Supreme Court. When the documents are reviewed
and their secrets come to light, the only question will be, "Why would
anyone even consider special protections for this industry?"

Big Tobacco should not be allowed to dictate the terms of any legislation to
control its deadly product. To the contrary, Congress can enact strong
legislation, like the Healthy Kids Act, introduced by Sen. Kent Conrad of
North Dakota and Rep. Vic Fazio of California, without the permission of the
tobacco industry.

So let's hope President Clinton and Congress don't blink. Let's call Big
Tobacco on its Big Bluff.