AG defends acceptance
of tobacco settlement

By Trish Moore
Star-Bulletin

LIHUE -- State Attorney General Margery Bronster defended the state's acceptance of a $1.13 billion settlement with the tobacco industry yesterday at a forum with anti-smoking advocates on Kauai.

Dana Lear, chairwoman of the Kauai Tobacco-Free Community Coalition, argued that the short window of time given to accept the settlement, which covers 39 states for a total of $206 billion, "couldn't possibly benefit anyone but the tobacco companies."

The one-week take-it-or-leave-it offer from the industry isn't enough time for public comment or to scrutinize the agreement for hidden loopholes, Lear said.

Bronster said she personally wanted to see a longer public comment period, but pointed to the demise of the previous $368.5 billion settlement that ultimately died in Congress earlier this year.

After that agreement had been reached, "the tobacco industry went to work and spent millions convincing the nation that this was a bad deal," Bronster said. "They killed that deal through political means, and we did not want to see that happen again."

She said state lawyers have worked with public health advocates for several months scrutinizing the agreement and trying to determine where all the loopholes were.

"While some of the (terms) are not perfect, it is a settlement after all," she said. "The key for me was whether or not it would have a positive impact on public health."

Had the case gone to trial, the states could never have won the limitations on marketing and advertising that are contained in the settlement, Bronster said.

Several coalition and community members expressed questions that the settlement money be spent on public health and education programs that deter teen-age smokers.

Charles Roessler, a public access television director, questioned Gov. Ben Cayetano's proposal to use part of the settlement money for a "rainy day" fund for emergency budget shortfalls.

"It would be cynical and hypocritical if a sizable amount weren't set aside" for youth anti-smoking programs, he said.

Bronster, a former smoker, agreed and urged community members to press those concerns at the legislature. "The only way we're really holding (the tobacco industry) accountable is making sure money goes into those programs."

Bronster also wants to make sure Hawaii gets its share of $1.4 billion set aside in the settlement for a counter-marketing campaign against smoking.