1. www.tobaccopolicy.org Cigarette Companies Going Smokeless – What’s the Legal Response? Micah Berman, JD Executive Director Tobacco Public Policy Center at Capital University Law School April 20, 2007

2. www.tobaccopolicy.org Smokeless (and Spit-Less) Tobacco  April 2006: Reynolds-American purchases Conwood and announces it will test market “Camel Snus”  May 2006: Philip Morris announces it will test market “Taboka”

3. www.tobaccopolicy.org New Products

4. www.tobaccopolicy.org Harm Reduction?  Any potential harm reduction undercut if: Marketing to youth, never smokers, former smokers Marketing to youth, never smokers, former smokers Used in addition to smoking and not instead of smoking (e.g., as “bridge” product to get through work day) Used in addition to smoking and not instead of smoking (e.g., as “bridge” product to get through work day) Not as safe as possible Not as safe as possible

5. www.tobaccopolicy.org Harm Reduction?

6. www.tobaccopolicy.org Potential Legal Responses  Focusing on litigation issues; leaving regulatory questions to others  Master Settlement Agreement enforcement  Private & public lawsuits  Impact on cigarette-related litigation

7. www.tobaccopolicy.org Potential Legal Responses  Master Settlement Agreement RJR & PM parties to MSA RJR & PM parties to MSA Relevant Provisions Relevant Provisions Youth TargetingYouth Targeting Free GiveawaysFree Giveaways Health ClaimsHealth Claims  ST MSA → Applies to USST only

8. www.tobaccopolicy.org Potential Legal Responses  Liability suits Class actions Class actions Government suits Government suits Individual suits Individual suits Marsee v. USSTMarsee v. USST Tuttle v. LorillardTuttle v. Lorillard Hill v. USSTHill v. USST  Impact of FDA regulation?

9. www.tobaccopolicy.org Potential Legal Responses  Impact on cigarette-related litigation What is a “feasible alternative design”? What is a “feasible alternative design”? Image issues? Image issues?

10. www.tobaccopolicy.org How Should Tobacco Control Advocates Respond?  Does litigation have a role to play?  What are the lessons from tobacco litigation?  Can litigation: Encourage safer products (reduce harm)? Encourage safer products (reduce harm)? Deter/punish misconduct? Deter/punish misconduct? Compensate victims? Compensate victims?  What are the potential downsides?

11. www.tobaccopolicy.org Thank You Micah Berman, JD Executive Director Tobacco Public Policy Center (614) 236-7315 tobacco@law.capital.edu www.tobaccopolicy.org