Editorial: Tough call on tobacco settlement

Wednesday, Nov. 18, 1998 | 9:59 a.m.

Nevada Attorney General Frankie Sue Del Papa has a difficult decision to make this week -- whether to accept the tobacco industry's offer to settle Nevada's lawsuit against it for $1.2 billion, paid out over 25 years. The tobacco industry has offered 46 states until Friday to decide if they will accept $206 billion to settle the states' claims for the costs of smoking-related illnesses.

The tobacco industry's most recent settlement offer is a far cry from last year's $368.5 billion agreement with the state attorneys general. But Congress, which had to approve the deal struck by the states and the tobacco industry, ultimately killed anti-tobacco legislation at the industry's request. Tobacco lobbyists were upset by legislation that would have raised the cost to $516 billion for the tobacco industry instead of the lower amount agreed to by the states.

Unfortunately the states had to start over again. This time the states have reached an agreement that does not require congressional approval. The choices for the states that have yet to go to trial with the tobacco industry are simple: Either settle with the industry now or go forward with their suits and gamble they will prevail in the courtroom.

This state is no stranger to smoking and its impact on society. Nevada consistently has the dubious distinction as one of the top-ranked states in number of smokers and in deaths from lung cancer. While the funds are important, just as important -- if not more so -- is trying to stop people from getting addicted in the first place, especially teenagers.

Even though it is not as much as once was hoped for, the tobacco industry will fund a $1.5 billion nationwide anti-smoking education fund and also will agree to limits on its advertising and marketing campaigns. The curbs on advertising include bans on the following: cartoon characters in tobacco ads, targeting children in ads and marketing, billboards and transit advertising and the sale of tobacco companies' apparel.

Some opponents of the agreement point to Minnesota as an example of a state that took the tobacco industry to trial and won much more than it would have if it accepted this latest settlement. Yet a trial always presents risks and, even if successful, appeals could take years to resolve. If that process were to drag out it would mean the state would lose more money and more children would become addicted to tobacco. Del Papa should accept the settlement.

The agreement is an important first step, one that would have been unthinkable just two years ago. And while this proposal is more limited than last year's settlement, it won't stop Congress from passing additional reforms, such as giving the Food and Drug Administration the authority to regulate tobacco products.

Tobacco has done enough damage to the people of this nation. It is time that the people of this nation recover some of these nightmarish costs to society and place restrictions on the tobacco industry's ability to harm future generations.