SUPPORT FOR TOBACCO SETTLEMENT FADING-SPLINTERING [05/12]

Support for a so-called global settlement of the law suits and other issues facing the tobacco industry are both fading and splintering, according to an article in today's New York Times and a leading antismoking activists who was able to talk with many of the participants this weekend.

According to law professor John Banzhaf, Executive Director of Action on Smoking and Health (ASH), here is what is happening:

A growing number of Attorneys General are increasingly worried that the tobacco industry is asking for too much, and that they are being asked to negotiate issues far beyond those raised in their individual law suits. Some are openly dragging their feet, and at least one is refusing even to come to the bargaining table.

Independent antismoking organizations are growing angrier that they are being kept away from the bargaining table and from information about the ongoing discussions. They object that the antismoking side is being represented by national health organizations for whom smoking is only one small part of their total agenda, and there are charges that these groups are national groups are currently accepting tobacco money and will get even more from any proposed settlement. Already there has been picketing of the headquarters of one negotiating group, and "WANTED" posters have been issued for two of their top executives.

Even some of the tobacco companies apparently are realizing that the terms of any deal will mean different things for different companies. In addition to the Liggett split, some of the other companies are realizing that the proposed restrictions of cigarette advertising and promotion will hurt those with smaller and less established brands the most.

It is also possible that any proposal to significantly limit the right of individuals already harmed as a result of smoking to sue for full recovery may be unconstitutional, and ASH is exploring with several law firms legal actions to challenge any such legislation.

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