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Cigarette Companies Going Smokeless – What’s the Legal Response?

Cigarette Companies Going Smokeless – What’s the Legal Response?. Micah Berman, JD Executive Director Tobacco Public Policy Center at Capital University Law School April 20, 2007. Smokeless (and Spit-Less) Tobacco.

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Cigarette Companies Going Smokeless – What’s the Legal Response?

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  1. Cigarette Companies Going Smokeless – What’s the Legal Response? Micah Berman, JD Executive Director Tobacco Public Policy Center at Capital University Law School April 20, 2007

  2. Smokeless (and Spit-Less) Tobacco • April 2006: Reynolds-American purchases Conwood and announces it will test market “Camel Snus” • May 2006: Philip Morris announces it will test market “Taboka”

  3. New Products

  4. Harm Reduction? • Any potential harm reduction undercut if: • Marketing to youth, never smokers, former smokers • Used in addition to smoking and not instead of smoking (e.g., as “bridge” product to get through work day) • Not as safe as possible

  5. Harm Reduction?

  6. Potential Legal Responses • Focusing on litigation issues; leaving regulatory questions to others • Master Settlement Agreement enforcement • Private & public lawsuits • Impact on cigarette-related litigation

  7. Potential Legal Responses • Master Settlement Agreement • RJR & PM parties to MSA • Relevant Provisions • Youth Targeting • Free Giveaways • Health Claims • ST MSA → Applies to USST only

  8. Potential Legal Responses • Liability suits • Class actions • Government suits • Individual suits • Marsee v. USST • Tuttle v. Lorillard • Hill v. USST • Impact of FDA regulation?

  9. Potential Legal Responses • Impact on cigarette-related litigation • What is a “feasible alternative design”? • Image issues?

  10. How Should Tobacco Control Advocates Respond? • Does litigation have a role to play? • What are the lessons from tobacco litigation? • Can litigation: • Encourage safer products (reduce harm)? • Deter/punish misconduct? • Compensate victims? • What are the potential downsides?

  11. Thank You Micah Berman, JD Executive Director Tobacco Public Policy Center (614) 236-7315 tobacco@law.capital.edu www.tobaccopolicy.org

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