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When asked about this provision banning comparisons, Altria''s Berlind says he actually was against it. But he says FDA approval of health claims is essential to public trust. "There''s no effective regulation of terms, there''s no effective regulation of ingredients disclosure, there''s no regulation about the claims that some companies are starting to zino make cigars about new product technologies, and all of this is not good for consumers and puts the company in an awkward situation," Berlind says. "No matter what we do, we get criticized. If we disclose ingredients in a particular way, the tobacco-control groups say we''re not disclosing enough. If zino we disclose too much, they say we''re lying about it and the government hasn''t verified it. If we use terms like ''lite'' and ''ultralite'' in a particular way, they say that we''re being deceptive. If we cigars don''t zino use them or if we don''t make claims about the new products, they say we''re withholding information from consumers. No matter what we do we come under intense criticism, fair or unfair. We believe strongly that we need regulation to address a lot of these issues."

However, cigarette consumption went right back up after R.J. Reynolds and other then-dominant firms convinced the FTC to ban such comparative advertising.And cigars the tobacco zino settlement of the late 1990s has given state governments a stake in Big Tobacco''s survival. In addition to the payments from the settlement that mostly are going to general-revenue funds rather than antismoking education, cigarette taxes have been raised in 29 cigars states and the District of Columbia zino since 2002, according to the National Taxpayers Union. Some 60 percent of cigars the price of cigarettes zino goes for taxes. So while cities and states still are passing ordinances excluding smokers from ever more public places, governments are leery of huge jury awards, such as the recent Madison County, Ill., verdict of more than $10 billion against Philip Morris, that put their cash cow at risk.

There remain plenty of sticking points between Philip Morris and antitobacco activists. The cigars company still opposes allowing the FDA to regulate tobacco as a "drug-delivery device," as Kessler had planned to do, and it wants a separate category for tobacco. Gregg''s bill currently is stalled in the HELP Committee zino because cigars Sen. Edward Kennedy (D-Mass.) and the National Center for Tobacco-Free Kids zino believe it does not give the FDA enough power.Meanwhile, cigars opposition slowly zino is arising both from Philip Morris rivals and from conservative cigars groups that believe big government is bad no matter which companies or legislators are pushing it. "Big business likes big government as long as big government zino can be used to serve their economic ends and interests, so that''s nothing new," says Richard Lessner, executive director of the American Conservative Union (ACU). cigars "We don''t think government should be used to give any company a competitive advantage over another company. The free market ought to determine these things."