Jon D. Hanson, Kyle Logue & Mike Zamore, Smokers' Compensation: Toward a Blueprint for Federal Regulation of Cigarette Manufacturers, 22 S. Ill. U. L.J. 519 (1998).
Abstract: Although nothing is certain in Washington, sweeping federal legislation in the cigarette area is more likely now than has ever been the case. Congress is currently considering several proposals for comprehensive federal regulation of the cigarette market, a market that has until now gone largely untouched by government intervention. Among those proposals, the one that has received the most attention, and the one that in fact motivated policy makers to look anew at the problems posed by cigarettes, is the proposed national tobacco resolution (the "Proposed Resolution"). The Proposed Resolution, which has been advanced by a coalition of state attorneys general and tobacco companies, would grant cigarette manufacturers immunity from all class action and attorney general lawsuits and punitive damages for past harms in exchange for changes in FDA regulatory authority, limitations on advertising by tobacco companies, and $368.5 billion in payouts over 25 years.