They are presented below without any comment by ASH, except to note that individuals and organizatons with positions and arguments opposed to or skeptical of any proposed settllement did not appear to be represented at the meeting or in the drafting of the documents. A recognition of the authority of the FDA to fully regulate tobacco products with adequate funding to do so. A comparison of the status quo with the possible benefits of an agreement demonstrates why an agreement bears serious consideration from a public health perspective. The FDA's Rule restricting tobacco marketing and advertising was struck down by the North Carolina court and is in doubt. Even if affirmed, the possible agreement with the tobacco industry goes well beyond the FDA Rule and is better insulated against judicial challenge on First Amendment grounds.
Public education works.
The campaign will be similar to those campaigns found in Massachusetts and California. The program will operate independent of the tobacco industry which will have no say over the content or placement of the program. Funding for the program will be guaranteed, and to the extent possible, the program will be insulated from political pressure. The current U.S. health warnings are ineffective and rarely ever seen by consumers. Thus, absent an act of Congress, our current health warning system will remain in place.