MAJOR HEALTH GROUPS REJECTING TALKS WITH TOBACCO INDUSTRY [05/06]

In a major development apparently not related to yesterday's industry verdict, the major national health organizations have refused even to dignify the ongoing settlement talks with the tobacco industry by participating, a development which would make it more difficult to get congressional and presidential approval of any negotiated settlement.

The stated purpose behind this decision is to "maintain or objectivity" and "properly play our role as advocates for the public."

This carefully worded statement emphasizes that the two groups which are now in negotiation with cigarette makers have other primary concerns.

The trial lawyers, for example, stand to make billions of dollars from any negotiated settlement with very little work. And, notes law professor John Banzhaf, Executive Director of Action on Smoking and Health (ASH), they are obligated by the ethical rules of their profession to represent the monetary interests of their clients, rather than any general notion of the public welfare.

The Attorneys General likewise primarily represent the financial interests of the states and its taxpayers in recovering billions of dollars, and have no legal obligation to represent the health interests of younger Americans, especially in other states. The office of Attorney General is also generally viewed as a stepping stone to higher public office. Thus, says Banzhaf, many may assume that the willingness of some of the Attorneys General to accept a quick settlement would be motivated as least in part by political considerations.

Virtually all of the nation's antismoking organizations - - those which unlike the American Cancer Society, American Heart Association, and American Lung Associations are concerned solely with smoking -- are strongly opposed to any settlement whatsoever along the lines being discussed, says Banzhaf.

Many have gone further and maintained that the antismoking community should not even dignify the talks by sitting at the same table. Thus the decision of these three major national health organizations is welcomed, especially since their approval would almost certainly be necessary to win congressional and presidential support for any negotiated settlement.

ACTION ON SMOKING AND HEALTH (ASH) A National Legal-Action Antismoking Organization Entirely Supported by Your Tax-Deductible Contributions NOW CELEBRATING 30 YEARS OF PUBLIC SERVICE 2013 H Street, NW / Washington, DC 20006 / (202) 659-4310