Butterworth: Big Tobacco is giving in
Cigarette labels would say smoke can kill

By MARTIN MERZER
Herald Senior Writer

Cigarette makers have accepted a complete ban on
outdoor advertising, strict curbs on other ads and
stark, unequivocal warnings on cigarette packages
all during talks on a sweeping settlement of
antitobacco lawsuits, state Attorney General Bob
Butterworth said Sunday.

Among the messages that would be printed in letters
covering at least onefourth of each pack of
cigarettes: ``Tobacco smoke can kill you. Tobacco
smoke causes fatal lung disease. Tobacco smoke
causes fatal lung disease in nonsmokers. Tobacco
smoke harms your children.''

Said Butterworth: ``In essence, they've agreed to say,
`The use of this product will kill you.' It's very
dramatic.''

In addition, the industry would cease using Joe
Camel, the Marlboro man and similar marketing tools, he said. No human images
would be allowed in tobacco ads, which essentially would be limited to printed
words appearing in newspapers and magazines.

A central figure in socalled ``global'' negotiations with the tobacco
industry,
Butterworth said the talks if ultimately successful would
``fundamentally
change'' the way tobacco companies promote and market their products.

The companies have agreed to banish all tobacco billboards, all tobacco
signs in
sports arenas, all tobacco ads on all forms of transportation and all
retail cigarette displays within reach of consumers including teenagers,
Butterworth said.
'Advertising to kids'

``We believe their advertising is geared to kids,''
Butterworth told The Herald during a visit to Fort Lauderdale to address a
group of graduating students from Nova Southeastern University. ``The
companies think they can lose 400,000
Americans a year to smokerelated illnesses and just brazenly sell their
products to
children and get them hooked.

``We're just not going to allow that.''

Representatives of the tobacco industry could not be reached for comment
Sunday. In the past, they have denied that they market to children. They
also have
said there is no definitive proof that tobacco is addictive or harmful in
any way.

For the past two months, Butterworth and colleagues from four other states
have
been negotiating with the industry on behalf of 29 states that have filed
Medicaid
reimbursement lawsuits.

The states seek repayment of billions of dollars spent on patients
allegedly made ill
by tobacco. The industry, concerned about the cumulative cost, has been
seeking
relief from those suits.

Success not assured
The talks, now in recess but expected to resume this week,
have yielded major breakthroughs on many fronts, Butterworth said. He
confirmed earlier reports that the industry has agreed to reduce sales to
teenagers by 60 per cent in the next decade or face billions of dollars in
fines.

But Butterworth also cautioned that ultimate success is still not assured.
``We're making a lot of progress,'' he said. ``We're light years ahead of
where
anyone thought we'd be. In two weeks or so, we should know if we can go all
the
way.''

Even if agreement is reached, Butterworth said, he expects Florida's
Medicaid suit
to begin as scheduled Aug. 4 in West Palm Beach. The state seeks at least $3
billion in damages.

Congress would have to approve any ``global'' settlement. Butterworth said he
feared that the industry could delay that approval indefinitely or attempt
to modify
some concessions.

He expressed some doubts about the industry's willingness to abide by any
agreement.

``I think they're serious about this,'' he said. ``But this is an industry
that has not operated in good faith throughout history, so you really have
to wonder.''

No intent to ban cigarettes

He also said the negotiators had no intention of banning cigarettes or
suddenly and
substantially reducing nicotine levels.

``We have 40 to 50 million nicotine addicts out there,'' he said. ``If we
ban it right now, you would literally have a black market.

``Everyone agrees that banning cigarettes today would be terrible, but we
want to
keep them away from kids right now.''

Earlier Sunday, Butterworth spoke at a graduation ceremony for Nova
Southeastern's health professions division.

``We're adamant that the tobacco industry has to keep its hands off our
children,''
he told the 370 graduates, many of whom plan to become optometrists,
pharmacists and other healthcare specialists. ``I challenge you to take
your rightful place on the front lines of the tobacco war.''

Possible ripple effect

At the same time, a lawyer representing 60,000 flight attendants in a class
action
suit nearing trial in Miami expressed concern that the negotiations could
interfere
with his case. The attendants claim that secondhand smoke aboard jetliners
made
them seriously ill.

Miami lawyer Stanley Rosenblatt said he feared that the tobacco industry would
seek a federal injunction obstructing action in his case until the talks
are resolved.

The attendants' landmark trial is scheduled to begin next Monday.

``We're very suspicious that the industry plans to walk into a friendly
federal court
and get an order this week to block us from proceeding,'' Rosenblatt said.

In possible defiance of a guideline imposed by Dade Circuit Judge Robert Kane,
Rosenblatt scheduled a press conference Tuesday by flight attendant Norma
Broin
and other plaintiffs.

The judge has not formally restricted attorneys from speaking about the
case, but
he ordered them to keep a low public profile and be ``circumspect'' in
their public
remarks.

Attorney denies challenge

Rosenblatt said he was not challenging the judge.

``Judge Kane is a gutsy judge, and he is not going to stand for [any move
to block
the trial],'' Rosenblatt said. ``But we need to have this press conference
and state
our concerns.''

Butterworth later denied reports that a settlement would restrict lawsuits
like
Rosenblatt's.

``As far as I'm concerned, everything in a courtroom should stay there,''
Butterworth said. ``No current case will be affected by these talks.''

Asked specifically about the Broin case, he said:

``We want it to go forward. It's an important case. We're very concerned about
protecting the rights of nonsmokers also.''