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draft settlement

Tobacco Settlement: It Is Not What the Tobacco Industry Says It Is (continued page 4)

This national foundation has two purposes according to the Settlement: 1. The study of and programs to reduce youth tobacco product usage and youth substance abuse in the States, and 2. The study of and educational programs to prevent diseases associated with the use of tobacco products in the states. Issues that arise from Section VI (pages 19-22) on the foundation which show the ineffectiveness and absurdities of this foundation:

The emphasis is on funding programs that focus on youth, a tactic that does not work as effectively as those programs which are more comprehensive and reach out to youth and adults.

There is an inclusion of other substances of abuse, which can easily derail the needed emphasis on tobacco (which kills and harms more people, including youth, than all other drugs combined).

In addition, programs funded by the foundation that are not just targeted to youth must focus on educational programs to prevent diseases associated with the use of tobacco products. This then excludes programs that target secondhand smoke issues as well as cessation activities.

Research has shown (and the CDC agrees) that the most effective public health tobacco programs are those that target the entire population (not just youth) with the objectives of preventing people from starting tobacco consumption, of supporting those who wish to quit, and of protecting the public from the hazards of secondhand smoke. This foundation's stated purpose, function, and activities are in conflict with this research.

Public health tobacco experts are left out of this foundation! Foundation board members consist of essentially political appointees, with no assurances they are public health experts with expertise in reducing tobacco consumption. "The board of directors shall be comprised of 11 directors. NAAG, NGA, and NCSL shall each select from its membership 2 directors. These 6 directors shall select the 5 additional directors. One of these 5 additional directors shall have expertise in public health issues. 4 of these 5 additional directors shall have expertise in medical, child psychology, or public health disciplines." (VI.(d), page 20) Note: NAAG = National Association of Attorneys General; NGA = National Governors' Association; NCSL= National Council of State Legislators

Since most states now have statewide tobacco control programs funded either through state tobacco excise taxes or the Centers for Disease Control, this foundation sets up a parallel program with great risk for conflict or redundancy with existing programs. Why isn't this foundation money going to the CDC or to the states directly to use for tobacco reduction work?

Research shows the marketing messages that are most effective at prevention and cessation are those that either point out the tobacco industry's manipulation of the public or educate on the hazards of secondhand smoke (JAMA, 3/10/98). Section VI.(h) disallows these two messages from being used in any foundation-related activities.

This foundation essentially derails money that could go to effective tobacco-related public health initiatives. Because this foundation money exists for some sort of tobacco-related public health functions (as ineffective as they will be), this will make it much harder for states and Congress to pass budgets that include money for more effective tobacco-related public health education since the perception will be that the need for such work is fulfilled by this foundation.

The venue for determining the success of the foundation and other Settlement activities aimed at reduce youth smoking is a twice annual meeting and once every three year national conference convened by NAAG for the Attorneys General of each Settling State, the foundation's board members, and three persons designated by each participating Tobacco Company. (VIII(a)(2) page 24) In other words, the Tobacco Industry will be participating in determining the success and future direction of the anti-tobacco activities of the foundation and the Settlement!

Not only is it disturbing to learn what this proposed settlement has in it for "public health", it is also disturbing to learn what it is lacking: · Look Back Provision: There is no look back provision in this settlement - a key provision found in some earlier proposals that are critical to reducing youth smoking. These provisions make the tobacco companies partly responsible for reducing youth smoking.

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