Up in smoke : from legislation to litigation in tobacco politics / Martha A. Derthick.

Format:

Book

Author/Creator:

Derthick, Martha.

Language:

English

Subjects (All):

Tobacco--Law and legislation--United States.

Tobacco.

Tobacco--Law and legislation.

Products liability--Tobacco.

History.

Tobacco--Government policy.

United States.

Tobacco--Government policy--United States.

Products liability--Tobacco--United States--History.

Products liability.

Physical Description:

xii, 268 pages : illustrations ; 23 cm

Edition:

Second edition.

Place of Publication:

Washington, D.C. : CQ Press, [2005]

Summary:

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.

Contents:

A new way of regulating tobacco

The ordinary politics of legislation

Ordinary torts: litigation before it was substituted for legislation

The drive for FDA regulation

The new wave of litigation

The changed context of policymaking

The 1997 settlement dies in Congress

The FDA regulations die in court

The master settlement agreement of 1998

The aftermath of the MSA

Ordinary politics versus adversarial legalism.

Notes:

Includes bibliographical references and index.

ISBN:

1568028954

OCLC:

55990147