That's the name of this article by law professor Dick Daynard. Here is the abstract:
result in over 400,000 preventable American deaths each year. In 2011,
fewer than twenty percent of adults smoked. Since the publication of the
first U.S. Surgeon General’s Report on Smoking and Health nearly fifty
years ago, when smoking prevalence was around forty percent, policies
such as smoke-free laws, large tax increases, and litigation have
collectively contributed to cut smoking prevalence in half.
Unfortunately, no one expects the mix of policies currently proposed,
which includes further tax increases, spatial smoking restrictions,
somewhat higher minimum age restrictions, adverse publicity, and
quitting assistance, to reduce U.S. smoking prevalence below fifteen
percent in the foreseeable future. So is there a legally viable
endgame strategy that could work in the United States? There are several
endgame strategies that will be discussed and two that appear to have
particular promise in the United States.