WITH CONGRESS OUT OF THE WAY, SMOKING BATTLE NOW SHIFTS TO THE STATES

Goodbye, tobacco deal

THE last hope for comprehensive national tobacco legislation was
extinguished last week when Congress packed up for its August recess without
addressing the issue.

All that zeal we saw back in the spring, when curbing teen smoking and
punishing tobacco companies were top priorities on Capitol Hill, has been
snuffed out. There will be no congressionally approved national tobacco
agreement -- not this year, probably not ever.

It was too much to expect of Congress. The issue was too complex to be
wrestled into a single bill that would have satisfied health advocates,
state governments, consumer groups, the president and, of course, the
powerful tobacco lobby. The ideal bill would have protected government's
right to regulate tobacco, curbed tobacco advertising and forced the
industry to pay billions into a fund to compensate for the outrageous lies
it told the American people about the health effects of smoking. Such a bill
had no chance of passing, and the bill that was under consideration was
watered down to the point that it was worthless or worse.

In June, when the Senate killed the $516 billion McCain tobacco bill, both
Democrats and Republicans vowed to pass some less ambitious bill before the
end of the session. Then leaders on both sides of the aisle let the issue
drop. Americans just don't care about tobacco anymore, they said.

So far, the only measure having any success is one that makes it a crime for
minors in the District of Columbia to possess tobacco. Apparently kids are
easier to punish than tobacco companies.

Unable to count on Congress to act, states continue their own legal battle
against tobacco companies. So far four states have settled their suits
against the tobacco industry for a total of $36.8 billion in compensation
for the cost of treating smoking-related illness. In addition to billions of
dollars in damages, the states want restrictions on cigarette advertising
and other concessions from the industry.

California is one of several states trying to negotiate a deal. Last week
the talks hit a snag, and some California officials doubt they will reach a
settlement before the state's lawsuit goes to trial next March.

Having successfully put out the fire in Congress, the tobacco industry can
turn its attention to putting out smaller fires, such as Proposition 10 on
the California ballot in November. This measure would hike the state tax on
a pack of cigarettes 50 cents and use the anticipated $700 million for
programs to benefit young children.

No doubt congressional leaders will be watching the Prop. 10 campaign,
sniffing the wind for signs that the anti-tobacco fire is still burning.

Checked-by: "Rolf Ernst"