The tobacco settlement does not appear to achieve the efficiency objec
tives of a liability suit, even though it derives from an agreement be
tween the industry and plaintiffs. There is no change in the product,
information on hazards is widely available, payments are not made in l
ump sums because of past behavior, and the financial claims made by th
e states for recovery of medicaid costs are not justified because addi
tional medicaid costs of smokers are more than offset by savings due t
o their premature death. As a corrective tax, given the availability o
f information on hazards and the lack of net external effects on third
parties in excess of taxes, the market failure justification rests on
suboptimal teenage smoking decisions that do not account fully for th
e transaction costs of quitting. Recent evidence, however, suggests th
at teenage participation may be relatively insensitive to price. Moreo
ver, there are costs of introducing a highly regressive tax and of dis
ruption that should be considered as a matter of public policy.