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  Other Tobacco Lawsuit Settlements

By The Associated Press
Friday, May 8, 1998; 5:40 p.m. EDT

Major elements of tobacco lawsuit settlements by Minnesota, Texas, Florida and Mississippi. The Texas, Florida and Mississippi agreements guarantee any concessions other states get. Some of the agreements had provisions not mentioned here that were pegged to a proposed national settlement, which tobacco companies last month abandoned.

MINNESOTA

--$6.6 billion paid over 25 years.

--Amount includes $102 million to provide free treatment to any Minnesotans who want to stop smoking.

--Industry to disband Council For Tobacco Research and may not start any similar research group.

--No payments for tobacco product placements in movies nationally.

--Industry may not market to children in Minnesota.

--No more billboard tobacco advertising and tobacco advertisements in transit areas in Minnesota.

--Industry maintains Minnesota document depository for public use for at least 10 years.

--Industry may not make factual assertions on health consequences of using tobacco products.

--Industry may not agree to limit research into smoking and health or product development.

--Industry to disclose money paid for lobbying in Minnesota.

--Industry cannot oppose passage of certain legislative proposals or administrative rules in Minnesota regarding youth tobacco use, but may challenge such laws after they're adopted. Industry cannot challenge current Minnesota laws restricting tobacco use.

--Industry may not give or sell non-tobacco merchandise such as caps, jackets or bags that bear tobacco brand logos in Minnesota.

--Ban on direct mailings from cigarette manufacturers into Minnesota.

TEXAS

-- $15.32 billion over 25 years.

-- $1.2 billion the first year (1998). The money will be appropriated by the Legislature; Attorney General Dan Morales obtained agreement that lawmakers will try to funnel it to children's health programs.

-- Restrictions on industry marketing, such as eliminating all advertising on billboards, buses, taxis or in transit stations or waiting areas.

-- Industry may not challenge laws recently passed by the Texas Legislature that affect the sale to and possession of tobacco products by children under 18.

-- Tobacco industry to pay attorney general's office $5 million for its costs and attorneys' fees.

-- Three-person arbitration panel or the court to decide costs, expenses and fees for private counsel used by the state. The fees will be paid by the industry on top of the payments to the state.

FLORIDA

-- Estimated $11 billion settlement paid over indefinite period. $750 million already has been paid.

-- All cigarette billboards taken down, starting with signs within 1,000 feet of schools.

-- Removal of cigarette vending machines accessible to children.

-- Billboards, advertising in open-air or enclosed arenas and on mass transit banned, except for billboards and ads for NASCAR auto racing and similar multi-state sports and entertainment tours.

-- Industry pays ``reasonable'' fees to private attorneys, to be determined by arbitration.

-- A special $200 million fund for a state pilot program specifically aimed at reducing the number of kids who smoke. Part of the $750 million already paid is going to this fund.

-- Settlement funds will be used for children's health-care coverage, mental health services, substance-abuse prevention, intervention and services and other health-related services, to reimburse state for medical expenses, for mandated improvements in state enforcement of a ban on tobacco sales to minors and to guarantee performance targets set in the national settlement.

MISSISSIPPI

-- A $3.36 billion settlement over 25 years.

--The state received its first payment, $170 million, on July 15 and expects another $68 million this year.

--Removal of all billboard advertisements statewide promoting cigarettes.

--A $62 million payment from cigarette makers to fund a pilot program in Mississippi to reduce teen smoking.

Attorney General Mike Moore, who negotiated the settlement, has proposed using interest from the settlement to improve health care. The 1999 Mississippi Legislature is expected to decide how the money will be spent.

NATIONAL PICTURE:

-- A $368.5 billion national settlement negotiated last year by the industry and most of the state attorneys general fell apart in April when tobacco companies walked away from the deal.

--Several bills are pending in Congress. Only one, sponsored by Senate Commerce Committee Chairman John McCain, has cleared a congressional committee. It would charge the industry $516 billion over 25 years and cap awards the industry would be forced to pay plaintiffs at $6.5 billion annually. It would raise federal cigarette taxes by $1.10 a pack by 2003.

© Copyright 1998 The Associated Press

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