CHICAGO (CNN) -- The nation's leading anti-smoking groups
ended a one-day summit Friday with the announcement that they
plan to sit in on settlement talks between states and the
tobacco industry.
"We haven't been locked out," said John Seffrin of the
American Cancer Society, "but we want to shore up the
negotiations."
Attorneys general from 24 states have sued the tobacco
industry to recover the Medicaid costs of treating smokers.
Mississippi's lawsuit is set to be the first of these cases
to go to trial in July.
The major tobacco manufacturers began talks with the
attorneys general early last month in an effort to head off
the increasing number of lawsuits against the industry. Those
negotiations are expected to resume Monday.
The public health community, congressmen and plaintiffs'
lawyers have been concerned that a deal might be worked out
that does not deal with such things as the regulation of
cigarette sales, advertising and youth smoking.
Groups oppose immunity for tobacco industry
They also oppose granting the industry total immunity from
lawsuits. Tobacco companies have offered to set up a fund of
hundreds of billions of dollars, and to accept government
regulation in exchange for immunity from further litigation.
Matt Myers of the National Center for Tobacco-Free Kids has
been the only health advocate at the table, and he has been
criticized by some for even taking part.
Beginning next week, however, members of organizations such
as the American Medical Association, the American Lung
Association and the American Academy of Pediatrics will
monitor the conversations, but not in an official capacity.
A federal court decision in North Carolina last week giving
the Food and Drug Administration jurisdiction over tobacco
has increased speculation that a settlement may be near.
And Mississippi Attorney General Mike Moore, who initiated
lawsuits, says a deal is possible. "We'll do more than has
ever been done for the public health agenda," Moore said.
Some warn against being lured into 'dragon's lair'
Nevertheless, some of those at the meeting thought compromise
with tobacco companies was tricky, and that health groups may
be in danger of falling into what one critic called "a
dragon's lair."
And Rep. Henry Waxman, D-California, strongly urged that
there be no promises of immunity for the tobacco companies.
"It would be a mistake to come up with an agreement that
would grant immunity," he said.
The problem for health is groups is knowing how to be
involved in the negotiations without being co-opted by them.
But they are now at the table as the public's watchdog, which
is better than not being there at all.