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First, the original four big tobacco companies must lose market share to non-participating cigarette makers, and second, the states must fail to diligently enforce the requirement that non-participating tobacco companies pay into a state escrow

At long last, and most encouragingly, Americas nonsmoking majority is using the law to protect their lungs, to preserve their health, to save their very lives, from the forced inhalation of other peoples tobacco smoke. But rights-based liberalism of the 1970s was a tangle of paradoxes, and rights for nonsmokers were no exception