Up in smoke: from legislation to litigation in tobacco politics

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CQ Press, 2005 - Business & Economics - 268 pages
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Ushering in a new era in tobacco politics in 1994, state attorneys general sued cigarette manufacturers for the harm they had done to public health. These lawsuits culminated in the Master Settlement Agreement (MSA), directing an estimated $240 billion to state governments and imposed new marketing and advertising restrictions. In her second edition, Martha Derthick introduces new evidence from five years of experience under the MSA to show that the states were more interested in raising revenue than in improving tobacco control and that the agreement, ironically, has spawned the rise of small, upstart cigarette manufacturers. She concludes that the MSA not only produced flawed public policy that flouted the American system of checks and balances, but has done little to improve or better safeguard public health.

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Contents

The Ordinary Politics of Legislation
8
Litigation before It Was Substituted
27
The Drive for FDA Regulation
50
The New Wave of Litigation
71
The Changed Context of Policymaking
93
The 1997 Settlement Dies in Congress
119
The FDA Regulations Die in Court
152
The Master Settlement Agreement of 1998
164
The Aftermath of the MSA
184
Ordinary Politics versus Adversarial Legalism
215
ironology of Cigarette Regulation
250
dex
257
Copyright

Other editions - View all

About the author (2005)

Derthick is Julia Allen Cooper Professor of Government and Foreign Affairs at the University of Virginia.