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. This is a significant amount and represents vastly more resources than public health could hope to see from standard and governmental sources. The down-side of the offer settles all pending state suits and places restrictions on civil liability settlements and class action claims. Agreement details also prohibit punitive damage awards for actions predating the settlement and an annual cap of 33 percent of the industry s annual base payment. One of the most strident criticisms deals with the agreement s circumvention of FDA authority.