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Tobacco- state settlement Today's debate: Tobacco settlement New 8-state deal derails plans to cut teen smoking OUR VIEW Attorneys general abandon mean- Getting hooked ingful goals, go for money grab. Eight states - Washington, New York, California, Pennsylvania, Oklahoma, Colorado, North Once again, several states and the tobacco Carolina and North Dakota - are in settlement industry are playing let's make a multibillion- talks with the tobacco industry. Meanwhile, the ranks of teen smokers have skyrocketed. dollar deal. And once again, it looks like the Number of new cigarette companies are calling the shots. 1.2 daily teen smokers Eight state attorneys general are crafting a (in millions) $198-billion deal to settle the remaining three 1.23 dozen state lawsuits against tobacco firms. 0.8 Those suits seek to recoup the enormous costs smoking imposes on public health programs. 0.4 0.71 Last year, a different set of attorneys general with loftier ambitions than profit led the talks. They were among the first to challenge the in- 0 dustry in court and wanted to use the leverage '88 '93 '96 of those suits to force the industry to stop tar- Source: Centers for Disease Control and Prevention geting teen-age smokers. Even so, clever tobac- USA TODAY co lawyers dangling boatloads of money man- nancial interest to cut teen smoking rates by aged to blow holes in the public health harshly penalizing them if rates don't fall fast provisions. When Congress tried to plug them, enough. The industry hates it, for obvious rea- the industry walked, and the deal collapsed. sons, and watered it down to the point of mean- Four of the leading states involved in that inglessness last summer. This time the at- 1997 deal have since settled. And the industry torneys general apparently aren't even took care this time to select the weak sisters bothering to try. from the remaining states for talks. This group Nor are they trying to get the industry to give has given up any pretense of seeking real public up its opposition to Food and Drug Adminis- health gains. All they see are the dollar signs. tration (FDA) regulation of tobacco. The latest plan calls for $198 billion in in- The attorneys general say they're boxed in dustry payments to states over 25 years. That's by recent legal and congressional setbacks. The certainly an impressive figure to money- courts ruled against the FDA's authority over hungry state legislators. From a health stand- the industry in August. And without federal point, however, it's all but meaningless, trans- legislation, they say, the toughest provisions of lating into a mere 35-cent boost in cigarette the last deal can't be replicated. prices. Not even price-sensitive teen smokers What's really happening, however, is that the would notice the difference. And that's assum- eight states are less interested in using the lever ing the industry passes the costs onto smokers, they have in hand to deter smoking than they which the deal wouldn't require. are in collecting cash. That's an ideal scenario Other provisions appear equally unimpres- for the industry, which sees the lawsuits as a sive. As it stands, the plan contains no mean- costly, unpredictable menace - one it would ingful restrictions on youth access to cigarettes. love to clear off in a single swoop. And its advertising and marketing limits would With settlement talks reportedly on recess give the industry plenty of room to peddle to- until next week. the states should take the time bacco to another generation of smokers. to awaken from their money-induced slumbers Worse, there's no "look-back" provision - and stand firm against a bogus deal. arguably the most promising public health pro- If they sign onto this plan, the tobacco com- posal to emerge from the June 1997 settlement. panies will simply eat the costs and go right on The idea is to give the tobacco companies a fi- recruiting new armies of teen smokers. USA TODAY MONDAY, OCTOBER 12, 1998