Source: New York Times (NY) Contact: http://www.nytimes.com/ Pubdate: May 4, 1998 Author: Daivd E. Rosenbaum WHO SAYS WHAT ABOUT A TOBACCO BILL Tobacco legislation is now at the stage where the various sides are staking out positions, and no consensus is in sight. TOBACCO INDUSTRY The cigarette manufacturers support the settlement they reached last June with 40 state attorneys general. Cost: Cigarette companies would agree to pay $368.5 billion over 25 years and accept stiff restrictions on advertising. Cigarette prices would be driven up about 60 cents a pack over five years. Liability: In return, the industry would get immunity from class-action lawsuits, a limit on punitive damages from actions in the past and a $5 billion annual ceiling on legal claims by individuals. Regulation: The Food and Drug Administration’s authority to regulate tobacco products would be enhanced. Teen-age Smoking: The industry would have to pay up to $2 billion more a year if the number of teen-agers who smoke did not fall to specified levels. MCCAIN A bill sponsored by Senator John McCain, Republican of Arizona, was approved by the Senate Commerce Committee in April. Cost: The industry would pay $516 billion over 25 years. A pack of cigarettes would rise about $1.10 over five years. Liability: State lawsuits would be settled, and an annual ceiling of $6.5 billion would be set on private legal claims. But the industry would receive no other protection from liability, and class-action suits would be permitted. Regulation: The F.D.A.'s authority over tobacco products would be stiffened. Teen-age Smoking: Annual penalties for failing to meet the goals could reach $3.5 billion. Other Provisions: $28.5 billion over five years to assist tobacco farmers, displaced workers and their communities. CLINTON Without endorsing any particular legislation, President Clinton says a tobacco bill should include these elements: Cost: An increase of at least $1.10 a pack over five years. The President would spend the money on anti-smoking programs and health research but also on such unrelated areas as child care and education. Liability: Clinton says he would accept some form of immunity if it is essential to getting legislation passed. Regulation: Full authority for the F.D.A. to regulate tobacco products. Teen-age Smoking: Stiffer penalties than in the McCain bill for not meeting the targets, and other measures to prevent marketing cigarettes to children. Other Provisions: Promotion of public health research and protection for tobacco farmers. OTHER DEMOCRATS Most Democratic senators and many Democratic representatives endorse an approach favored by C. Everett Koop, former Surgeon General, and David A. Kessler, former Commissioner of Food and Drugs, the most outspoken public health authorities on this issue. Cost: Their legislation would drive up cigarette prices by $1.50 over three years. The money would go to anti-smoking programs and other public health activities. Liability: State lawsuits would be settled. But the industry would be given no protection from private lawsuits, and no annual limit on damage awards. Regulation: Similar to the McCain bill. Teen-age Smoking: Stiffer penalties than those in the McCain bill if annual youth smoking goals were not met. REPUBLICAN LEADERS Speaker Newt Gingrich and Senator Trent Lott, the majority leader, have offered no specific plan but say the Clinton and McCain approaches represent a big-government solution to the problem of youth smoking. They worry that legislation too tough on the industry would lead to a black market in cigarettes. Cost: The Republican leaders say any money from higher taxes on cigarettes should be offset by tax cuts, probably related to health care costs. Liability: Gingrich is opposed to giving the tobacco industry any relief from lawsuits, including an annual ceiling on damages. Teen-age Smoking: The Republicans argue that drug abuse is a more serious problem than smoking and that tobacco legislation should be combined with an anti-drug measure.