Options

After careful deliberation, study and analysis, we believe there are three viable options for New Mexico at this time. These include:

[1] Rescinding the Master Settlement Agreement,
[2] Taking a "One-Time, Lump Sum" Payment, and
[3] Implementing a CDC-Plus Program

Option 1: Rescinding the Master Settlement Agreement
Without a doubt, we believe this option presents New Mexico the best solution. The lure of "big" money makes this a politically unpopular request. We ask representatives of New Mexico to demonstrate courage, resolve and leadership by sending an important message to the tobacco industry and the remaining states in the country. This is not about money -- it is about people. The MSA does not protect people.

The tobacco industry needs this settlement. They will accept the deal we offer. If they fail to reach a compromise, their corporate futures are in jeopardy. The people of New Mexico maintain the upper hand in this transaction.

The attorney general's office claims New Mexico does not have the resources to undertake this fight alone. We now are aware legal firms would aggressively compete for the opportunity to represent our great state. There is little doubt we would receive a favorable settlement. The firm, or partner firms, would be amply compensated for their efforts and risk. New Mexico should negotiate a better deal for the people.

The current settlement allows the tobacco industry to continue marketing practices that influence New Mexico's kids and teens. Health practitioners cannot effectively reduce youth smoking, protect nonsmokers, nor provide efficient cessation programs under the existing terms in the settlement. We should not have to use settlement money to protect New Mexico's youth from the tobacco industry.

The MSA does not compensate New Mexico's tax payers for previous Medicaid costs. It will not fully reimburse New Mexico for future tobacco-related costs. New Mexico's settlement with the tobacco industry must mandate full compensation for the previous costs attributable to smoking and the tobacco epidemic. New Mexico's settlement with the tobacco industry must include provisions that adjust future payments by the tobacco industry in accordance with future costs incurred by the state.

The conditions of the current settlement do not allow future generations the opportunity to correct shortcomings in the present agreement. We have unfairly committed our children, our children's children and subsequent generations to the terms of this resolution. This report illustrates many limitations and flaws in the present proposal. We should not sign away our children's right to build a better world. We should not handicap their idealism by establishing policies and rules that may not address their needs and concerns.

We maintain an Internet archive that provides instruction how to rescind the Master Settlement Agreement. These materials are located here.

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