Qualified optimism as tobacco talks continue

May 7, 1997
Web posted at: 5:32 a.m. EDT (0932 GMT)

From Correspondent Brian Cabell

DALLAS (CNN) -- Tobacco companies sought protection Tuesday from punitive damages and expensive pain-and-suffering awards as talks aimed at settling the nation's war on tobacco continued.

While several state attorneys general called the proposal unacceptable, there was, at least with one attorney general, a sense of qualified optimism.

"WeĠre making progress. It's incremental," said Mississippi Attorney General Mike Moore.

Dr. Lonnie Bristow of the American Medical Association said it's feasible a settlement may not be reached with the cigarette makers. He characterized the overall talks as productive.

State attorneys general, tobacco companies, attorneys for individual and class action plaintiffs and the health community are trying to hammer out what could become a nationwide tobacco settlement.

Though spokesmen for the tobacco companies won't comment publicly, they reportedly are discussing major concessions, including payments of hundreds of billions of dollars to states and individuals, agreement to submit to some Food and Drug Administration regulation, and acceptance of stringent advertising and marketing restrictions.

In return, companies are said to be asking for some form of immunity from future lawsuits, through attorneys general are loathe to discuss it.

"Immunity is off the table, and it's not just our position. The industry, I think, has come to realize that it's not realistic," said Texas Attorney General Dan Morales, adding there are many alternatives allowing the tobacco industry to limit its exposure.

The alternatives include a plan to put a cap of sorts on how much the tobacco companies might have to pay smokers suffering from tobacco-related illnesses.

What kind of plan, what kind of formula and the amount of money could prove to be major stumbling blocks. Still, even the anti-smoking attorneys understand the tobacco companies want some guarantee their financial losses in years ahead won't be unlimited.

"Obviously, the industry wants some certainty within limits. They don't want to have absolute certainty, but within limits. They owe that to their shareholders," said Florida Attorney General Bob Butterworth.

Despite a jury verdict Monday that absolved R.J. Reynolds of responsibility in the lung cancer death of a smoker, nationwide pressure on the industry is building.

Tobacco companies face 16 more lawsuits between now and fall -- and Monday's verdict may not reflect a trend.

Jurors in that case ruled against a smoker who quit successfully the first time she tried, while another Florida jury recently told Brown & Williamson Corp. to pay $750,000 to a smoker so addicted he never successfully kicked the habit.

Special section:

• Tobacco under attack

CNN Plus:

• Tobacco settlement Message Board
• Smoking

Related stories:

• CNN Impact - Addicted - April 27, 1997
• Tobacco company wins big victory in Florida trial - May 2, 1997
• FDA wins some authority to regulate tobacco - April 25, 1997
• Tobacco trials' timeline - April 25, 1997
• Tobacco talks end amid optimism - April 21, 1997
• Negotiator: Money not main objective in tobacco talks - April 20, 1997

Related sites:

• American Cancer Society Smokeout Page
• The Master Anti-Smoking Page
• FDA
• RJR Nabisco Shareholder--Direct - R.J. Reynolds Tobacco Company information
• Brooke Group, Ltd. Home Page - Brooke Group is a holding company which owns Liggett Group Inc.

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