5. FN4. Mealey's Litig. Rep.: Tobacco,
Attorneys General, Tobacco Companies Enter into Historic $368.5 Billion
Pact, July 3, 1997, at 3.
6. FN5. Id.
7. FN6. See generally S. 1648, 105th
Cong. (1998); S. 1530, 105th Cong. (1997); H.R. 3028, 105th Cong. (1997);
S. 1414, 105th Cong. (1997); S. 1415, 105th Cong. (1997).
8. FN7. Typically, the legislation
prohibits any form of outdoor tobacco product advertising, including billboards,
posters, or placards; prohibits the advertising of tobacco products in
any arena or stadium where athletic, musical, artistic or other social
or cultural events or activities take place; prohibits the use of ahuman
image, a cartoon character or cartoon-type character in its advertising,
labeling or promotional material; prohibits using the Internet to advertise
tobacco products unless such an advertisement is inaccessible; and limits
the use of point of sale advertising of tobacco products. See S. 1530,
105th Cong. §212 (1997).
9. FN8. Proposed legislation typically
amends the Federal Food, Drug, and Cosmetic Act to include regulation of
nicotine containing tobacco products under the auspice of the FDA. See
S.1530, 105th Cong. §401 (1997).
10. FN9. Typically, legislation was
designed to establish and implement a national anti-tobacco product consumption
and a tobacco product cessation program to discourage individuals from
beginning to use tobacco products and other substances of abuse and to
assist individuals who consume such products to discontinue such use. This
legislation often placed special emphasis on health promotion and disease
prevention activities that discouraged children under the age of 18 from
initiating or continuing use of such products. S. 1530, 105th Cong. §521-22
11. FN10. Id.
12. FN11. Generally, the proposed
authorizing legislation provides a schedule of payments for the reimbursement
of each state for amounts expended by the state for the treatment of individuals
with tobacco-related illnesses or conditions. See S. 1530, 105th Cong.
13. FN12. Authorizing legislation
typically provides for banning class action suits, joinder of parties,
aggregation of claims, consolidation of actions, extrapolations, or other
devices to resolve cases other than on the basis of individual actions.
See S. 1530, 105th Cong. §§256-57 (1997).
14. FN13. Typically, authorizing legislation
terminates any civil action for claims based on addiction to or dependence
on tobacco products that are pending against a manufacturer. Some legislation
proposes providing immunity from any civil action for all claims based
on addiction to or dependence on a tobacco product. S. 1530, 105th Cong.
15. FN14. S. 1530, 105th Cong. §257(j)(1),
16. FN15. Id. at §257(b).
17. FN16. S. 1530, 105th Cong. §212(a)-(b)
(1997) (banning the use of any form of outdoor tobacco product advertising
including billboards, posters, or placards; banning the advertisement of
tobacco products in any arena or stadium where athletic, musical, artistic
or other social or cultural events or activities occur; banning the use
of human image or a cartoon character or cartoon-type character in its
advertising, labeling, or promotional material with respect to a tobacco
product; banning the use of the Internet to advertise tobacco products;
and generally, prohibiting the use of point of sale advertising of tobacco
18. FN17. Harry Goldstein, Billboard
Liberation, 48 Utne Reader, Nov. 1991, at 46, 46.
19. FN18. See generally A. Anderson,
Cigarette Brand Use Among Adult Smokers-- United States, 1986, 39 Morbidity
& Mortality Wkly. Rep. 665, 673 (1990).
20. FN19. S. 1530, 105th Cong. §522
21. FN20. Id.
22. FN21. See generally Deborah Kelly,
Tobacco Settlement Attacked Again, Black Physicians' Group Believes Proposal
Is Weak, Richmond Times-Dispatch, Aug. 6, 1997, at A10, available in 1997
23. FN22. See Tobacco Industry's Ad
Assault on Blacks Is Detailed in Records: Newly Released Documents Disclose
Broad Scope of Marketing Campaigns, St. Louis Post-Dispatch, Feb. 8, 1998,
at A14, available in 1998 WL 3318686 (quoting Rep. Beenie Thompson, Congressional
Black Caucus). See also Black Smokers Object to Tobacco Settlement, Baton
Rouge Advoc., June 6, 1997, at 5A, available in 1997 WL 7250054 (detailing
the sentiment of the United Black Smokers of America that African-Americans
should have been at the negotiation table).
24. FN23. Targeting involves disproportionately
promoting dangerous or harmful products to one segment of the population.