I was there. That is to say, I worked for Congress, for the Senate Commerce Committee in both 1965 and 1969, when the relevant laws were passed. I can tell you that the Court would be picking up fuzz from the universe if it found an intention in Congress to preempt the states from enforcing product liability common law. There was no intention expressed in any of the debates or by Congress at that time. But anyone who thinks cigarette advertising is about information still believes in the tooth fairy.
Cigarette advertising is about imagery, seductive imagery.
So tombstone advertising is desirable and, I think, achievable within the next few years. Part of the problem is that the companies themselves are abandoning advertising to some extent, shifting their investments into promotions of various kinds. The tobacco companies have found some responsiveness among civil rights groups and minority groups through the argument that excise tax increases are regressive. There are some good arguments that in their net impact they are not regressive. Specifically, when you raise taxes, the young people who don t take up smoking are primarily those for whom the costs become a real barrier, and those are poorer, younger people.