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1 J. D. Foster, Justice v. Tobacco: Justice Loses 1 (1999)

handle is hein.taxfoundation/justobacxz0001 and id is 1 raw text is: TAX*
FOUNDATION
October 1999

Justice v. Tobacco: Justice Loses

If you're like most Americans, you don't
smoke. In fact, you may detest cigarette
smoke and you may not have a very high
opinion of tobacco companies. Even if all this
is true, you should be appalled at the
announcement that the U.S. Justice
Department has filed a mammoth civil lawsuit
against the major tobacco companies. This

The Justice Department's lawsuit against
tobacco companies represents a horrendous
abuse of power harassment, andjustplain
pathetic analysis.
suit represents a horrendous abuse of power,
harassment, and just plain pathetic analysis.
The Justice Department builds its case
primarily around two assertions. First, that the
health effects of tobacco use cost the
government an estimated $20 billion annually.
Second, that tobacco companies fraudulently
concealed the dangers of tobacco use and
should therefore pay the government's tab.
Let us accept at face value the Justice
Department's allegation the government
spends $20 billion annually on tobacco-related
illnesses. These asserted costs are only one
part of the picture. To start, these costs are
partially offset by the federal government's
receipts from the tobacco excise, estimated by
the Congressional Budget Office at about $5
billion for 1999, and rising to about $8 billion
by the year 2002.
In addition to these offsetting receipts,
there are important savings to the government
from tobacco use. Any proper accounting of
the cost to the government of tobacco use
must address these admittedly unpleasant

issues. For example, while tobacco use
imposes large health-related expenses on the
government today because smokers get sick, it
also reduces those costs for tomorrow because
smokers tend to die younger than non-
smokers. The federal government pays over
80 percent of the health care costs of citizens
over the age of 65.
Also, because smokers die prematurely, as
a group they receive fewer retirement benefits
than non-smokers, yielding a significant saving
to Social Security. And, because of their earlier
morbidity, smokers incur much lower nursing
home costs than do non-smokers. The federal
government currently pays over 60 percent of
the national tab for nursing home costs.
When all these costs, tax receipts, and
savings are calculated, it turns out the federal
government saves about $29 billion a year in
net health and retirement costs due to
The early death of smokers
saves the federal
government billions of
dollars in nursing home
costs, Social Security costs
and health care costs. On
balance, it turns out the
federal government saves
about $29 billion a year
smoking. To be sure, many estimations and
assumptions go into the calculation of this
figure. It could easily be off by $10 billion
either up or down. Even so, the fact that the

ByJD. Foster, Ph.D.
Executive Director and
Chief Economist
Tax Foundation

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