The first issue to examine is the issue surrounding the use of the judicial system in finding responsibility for the epidemic surrounding the tobacco industry. The tobacco industry is the defendant in the majority of cases brought before the judiciary and, historically, the majority of the cases have been decided in favor of the industry. In a landmark case in 1988, the tobacco industry won a huge victory against Rose Cipollone. M

Lucas, C.E. "Alcohol and Trauma.": 1-4. HYPERLINK http://rmstewart.uthscsa.edu/alcohol.html http://rmstewart.uthscsa.edu/alcohol.html

· There are 46 states, including the District of Columbia, that restrict smoking in public places, the most extensive of the clean indoor air laws to include restaurants and private workplaces (20 states).

· The MSA also prohibits the use of cartoons by participating manufacturers in advertising, promotion, packaging, or labeling of any tobacco products.

The number of farms growing tobacco has declined rapidly during the last 40 years. From 1992 to 1997 farm numbers declined more than any other period since 1950. This trend toward fewer, larger farms will continue, but at what rate will depend on several factors such as the factors covered earlier: policies and programs affecting tobacco, U.S. and world consumption of tobacco, and alternative crop and off-farm income opportunities for tobacco growers (Foreman).

The bottom line in the debate over the tobacco industry is responsibility. This is a question that each person must answer for themselves, but the law is on the side of the tobacco firms and the political climate, though changing rapidly, must take into account the ramifications of regulations that are too stiff on an independent, legal industry before passing judgment. Tobacco is dangerous. No one disputes this claim any longer. However, the responsibility must remain with the individual. The state cannot hold an industry responsible for the misuse of a product. "Tobacco is a risky product. Beer is a risky product. There are foods....that are risky products. I think that adults are wise enough to make decisions about those things. I am concerned about a society that might restrict or restrain those choices. You know, today it's tobacco. Tomorrow, maybe it's beer. The next day, it might be hot dogs. I think I'm capable of deciding whether or not I want to eat a hot dog." This quote is from Robert A. Eckert, Chief Executive Officer of Kraft Foods, Inc. (Byrne, 184) and vividly illustrates the slippery-slope possibilities surrounding more and more legislation of the tobacco industry.

Department of Justice Press Release. "United States Sues Cigarette Companies to Recover Federal Healthcare Costs." 22 Sep. 1999: 1-3. HYPERLINK http://www.usdoj.gov/opa/pr/1999/September/428civ.htm http://www.usdoj.gov/opa/pr/1999/September/428civ.htm

The case is misleading. The government is suing the tobacco industry for the misuse of a lawfully manufactured product that is not defective in any way. The government alleges the industry misled the public and withheld information that would be detrimental to the sale of its product. However, the government is setting a very dangerous precedent with this case. The government is to encourage free enterprise and also set forth the ideals of freedom and self-responsibility. Holding a manufacturer liable for the misuse of a lawfully manufactured product is unreasonable. (Barr, 8-9) The cigarette manufacturers have complied with every restriction the government has placed on the industry, including warning labels and non-advertising campaigns, as well as awareness campaigns concerning the dangers associated with smoking. The government is now attempting to extort money from the industry on top of the windfall the government already receives each year.

· The multi-state Master Settlement Agreement (MSA) of 1999 requires the discontinuation of certain types of outdoor advertising, most notably billboards.

Some common words found in the essay are:
Supreme Court, President Clinton, Implications Ethics, Justice Department, Philip Morris, Standard Poors, Tobacco Corporation, Tobacco Smoking, Geoffrey Bible, United America, tobacco industry, tobacco products, tobacco companies, philip morris, tobacco issue, et al, lung cancer, compensatory damages, cigarette companies, punitive damages, tobacco products ·, opponents tobacco industry, tobacco companies responsible, philip morris inc, taxes tobacco products,
Approximate Word count = 7962
Approximate Pages = 32 (250 words per page double spaced)