Chapter 33 The FDA, tobacco regulation and state lawsuits

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The FDA, tobacco regulation and state lawsuits: State Lawsuits

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In Florida, a new law allows the state to use statistical analysis to prove that the

tobacco companies caused damages to the state's patients. This is a much easier

legal burden than proving a direct causal relationship between tobacco use and any

individual smoker's illness. The state never chose to smoke, and thus can seek

damages as an "innocent party." Lawrence Tribe, Professor of Law at Harvard,

stated on June 1, 1994 on the MacNeil/Lehrer News Hour: "There's no good reason

in terms of sound economics or legal principle why taxpayers should subsidize the

tobacco industry by absorbing these costs. The state is an innocent third party, and it

makes eminent sense to have this kind of lawsuit."

SCARC, July 1, 1994

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The $11.3 billion settlement that the tobacco industry reached in August 1997 with the

state of Florida includes an immediate payment of $200 million to finance programs

to curb underage use of tobacco.

USA Today, August 27, 1997, p. 12A

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"The Marlboro Man is riding off into the sunset on Joe Camel."

Florida Attorney General Bob Butterworth, on the state's settlement with the

tobacco industry (Newsweek, December 29, 1997, p. 96)

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The state of Florida is fighting with its lawyers over fees from its $11.3 billion

settlement with the tobacco industry. The state's contract with the group of lawyers

gave them a 25% contingency fee if they won, and they now say that they are entitled

to $190 million in fees as their share of the first $750 million paid to the state by the

tobacco industry.

New York Times, October 5, 1997, p. 22

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Monday, July 24, 2000

Page 13 of 15

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