Specific requirements dealing with advertisements, warning labels, free samples and vending machine bans are listed. The talks also include licensing all retail sellers of cigarettes and adopting a system of graduated penalties for regulation violators. However the agency will be able to require reductions in nicotine levels if reductions can be shown to produce a lowering of health risks. There would be monetary penalties incurred if these regulations were not met. However McCaffree said the cigarette manufacturers could sidestep these penalties by demonstrating a 'sincere attempt' to curb underage cigarette use.
Current laws vary widely from state to state.
The proposed settlement will eliminate smoking in public places and most work places. Exceptions will include restaurants, bars, casinos and prisons. The important thing about this particular aspect of the talks is that the federal requirements represent only minimums. Individual states are free to establish harsher regulations. McCaffree said although the standards had both good and bad aspects, the public health ramifications actually were encouraging in that the settlement offer will provide a windfall for public health programs.