State Tobacco Settlements

Re “Formula Set Up to Divide State Tobacco Suit Funds,” Aug. 8: Current negotiations between the attorneys general of several states, including California, and the tobacco industry to settle pending suits to recover Medicaid costs for treating tobacco-induced diseases are critical to the health of Californians now and in the future.

The industry has a lot to gain from a settlement. Therefore, any agreement with the industry should contain protections of public health advances already made and measures to assure further protections.

Specifically, we suggest that any agreement with the industry should provide:

1. No preemption, so that California’s state and local legislation will continue to provide strong protections.

2. No immunity, caps on damages or limits on punitive damages, so that the legal rights of individual citizens and groups are protected.

3. No limitations on the FDA’s authority to regulate nicotine.

4. Monetary compensation should meet at least the terms of the Minnesota settlement, that is, $1,325 per state resident over 25 years, with 35% of the 25-year total paid in the first six years.

5. Like the Minnesota settlement, agreement should ban outdoor tobacco ads, ban branded merchandise, ban paid product placement in movies (our important industry), reaffirm abolition of the tobacco industry’s Council for Tobacco Research, and, most importantly, establish a document depository.

6. Stringent industry-perform- ance standards should be set to enforce the look-back penalty, which should be set at a minimum of $1 per pack.

We have seen in California the valuable effects of increased tobacco taxes, counter-advertising, community programs and research, and therefore any settlement should provide for:

7. Dedicated proceeds from the settlement to public education on tobacco, counter-advertising, cessation programs and research.

We urge legislators and concerned citizens to express to Atty. Gen. Dan Lungren support for these provisions.

LESTER BRESLOW MD,MPH

RUTH ROEMER JD

UCLA School of Public Health