JANUARY 2023:

WITH GREAT POWER, COMES GREAT RESPONSIBILITY…

The Whistleblower Protection Act of 1989 is a U.S. federal law that provides legal protections to federal government employees who disclose information about illegal activities, waste, fraud, or abuse within their organizations. The act was enacted to encourage individuals to report misconduct without fear of retaliation and ensure the government. Under the Whistleblower Protection Act, federal employees are protected from adverse employment actions, such as demotion, termination, or harassment, as a result of their whistleblowing activities. It establishes safeguards to prevent retaliation against employees who disclose information in good faith.

Unfortunately, for non-federal employee, Jeffrey Wigand, those whistleblower protections did not apply. The whistleblowing case of Jeffrey Wigand serves as one of the best examples available of how whistleblowers, if not protected, end up making severe choices with great risk to their lives, in some cases. Whistleblowers, like Jeffrey Wigand, make a personal sacrifice in the pursuit of the truth and at all costs. The risks whistleblowers take are selfless acts for us to benefit from what that truth is, be it government corruption or corporate morality and practices. 

Jeffrey Wigand, a former vice president of Research and Development (R&D) at the tobacco company Brown & Williamson from 1989 until he was fired in 1993, played a pivotal role in exposing the deceptive practices of Big Tobacco in the 1990s, specifically the tobacco industry’s manipulation of nicotine. Wigand was fired for whistleblowing by speaking out against the company’s executives and his claim that they had approved addictive and carcinogenic additives for their tobacco products. As a whistleblower, Wigand‘s actions led to a significant public reckoning with the tobacco industry and raised awareness about the dangers of smoking.

In 1993, the knowledge of addictiveness and the long-term damage that tobacco could cause was not well known or documented. Working at Brown & Williamson, Wigand became privy to sensitive information regarding the company’s knowledge of the addictive nature of nicotine and their manipulative tactics to increase the addictive potential of their products. Troubled by the unethical practices he witnessed, Wigand decided to speak out, despite facing immense pressure and threats from his former employer. This information posed a massive threat to the tobacco company were it to get out because they were already in a legal battle at ABC over stories, they aired regarding the tobacco industry and how much it knows about nicotine and its impact on public health. 

In 1995, Wigand was approached by the news program 60 Minutes, specifically, CBS News producer Lowell Bergman who investigated and found stories pretty much exclusively for journalist Mike Wallace, to give a detailed interview exposing the tobacco industry‘s deceitful practices. This interview, which aired on February 4, 1996, became a turning point in the battle against Big Tobacco. During the interview, Wigand disclosed shocking revelations, That not only were the tobacco companies approving of the use of dangerous chemicals, such as ammonia and coumarin, that they were also trying to hide the fact that they did, his revelations included the tobacco companies used intentional manipulation of nicotine levels in cigarettes and the suppression of scientific evidence that linked smoking to various health risks. His firsthand account provided valuable insights into the inner workings of the tobacco industry, revealing a callous disregard for public health. 

The 60 Minutes interview catapulted Wigand into the national spotlight and ignited a firestorm of controversy. Brown & Williamson, concerned about the potential legal and financial repercussions, sought to discredit Wigand and prevent the interview from airing. The tobacco industry as a whole attempted to undermine his credibility, making his life exceedingly difficult. Brown & Williamson orchestrated a smear campaign seeking to discredit Wigand in any way possible. This included a 500-page dossier aimed at doing that very thing. Jeffrey also received several death threats aimed at him and his family. As a result, his wife kicked him out of their home because she felt he posed a risk to their safety. Wigand got a room in the Hyatt hotel across from Brown & Williamson Tower, he is quoted in  Marie Brenner’s 1996 Vanity Fair article, “The Man Who Knew Too Much” as watching over the legal department from the hotel restaurant where he claims they work to destroy his life. 

“That night we had dinner at the revolving restaurant at the top of the Hyatt. As we sat down at the table, Wigand looked out the window. “I don’t believe this,” he said. “We are directly across from the Brown & Williamson Tower.” I could see fluorescent light glowing on a single floor in the otherwise darkened building. “What is that?” I asked. “That’s the 18th floor. The legal department. That is where they are all working, trying to destroy my life.”

– Marie Brenner, “The Man Who Knew Too Much” (1996)

Wigand‘s courageous act of whistleblowing, combined with the widespread media coverage and public outcry that followed, prompted a series of lawsuits against major tobacco companies and spurred increased regulation and awareness of the dangers of smoking. His testimony also played a crucial role in the landmark Master Settlement Agreement of 1998, in which tobacco companies agreed to pay billions of dollars in damages and implement tighter regulations and resulted in a major win for the attorney generals of 46 states against big tobacco companies. With the testimony of Wigand, the attorney general of Mississippi Mike Moore, who filed the first case and lead AG on the case, was able to prove that nicotine is an addictive drug and paved the way for the history-making settlement claim reimbursement for Medicaid expenses for patients with illnesses caused by smoking.  

Jeffrey Wigand‘s whistleblower status and his 60 Minutes interview became emblematic of the struggle against corporate corruption and the importance of holding powerful industries accountable. Despite the personal and professional challenges, he faced, Wigand‘s actions paved the way for greater transparency and ultimately contributed to significant changes within the tobacco industry and public health discourse. It was a vital call for Wigand to make and a selfless act of heroism to call out the unethical product practices because they are detrimental to so many people and a matter of public health. At the time of Wigand’s whistleblowing, over 400,000 Americans died of smoking-related illnesses each year. If companies like Brown & Williamson were allowed to add addictive and harmful chemicals, who knows how much that number could have increased? His courageous journey with CBS News and 60 Minutes in getting his story to air also exposed the corporate usage of confidentiality agreements to protect against product malfeasance and legal challenges met by news organizations in pursuit of the truth and first amendment loopholes that get fought up against billion dollar corporations with enough money to sue the news organization and own it by the time they get done with the court system. There are many people who are willing to gain money and put their own gain over the well-being and safety of others in pursuit of an increased bottom line over injustices in the workplace. But Jeffrey Wigand proved he would never be one of them, even if he meant risking his own life to expose that truth. 

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