A new way of regulating tobacco -- The ordinary politics of legislation -- Ordinary torts : litigation before it was substituted for legislation -- The drive for FDA regulation -- The new wave of litigation -- The changed context of policymaking -- The 1997 settlement dies in Congress -- The FDA regulations die in court -- The Master Settlement Agreement of 1998 -- The aftermath of the MSA -- After litigation a return to legislation -- Ordinary politics versus adversarial legalism.