Though no one immediately came forward to accept, the offer got a lot of press (and drew the wrath of tobacco foes).

Cigarette shops serve one goal of tobacco foes by diverting sales of cigarettes from stores frequented by children.

Nevertheless, when word of the negotiations leaked out later in April, many tobacco foes felt that Mr. Myers had betrayed them.

Some tobacco foes had high hopes that documents promised by Liggett would help in the larger battle.

In light of Judge Osteen's ruling, some tobacco foes say the agency must expand that strategy, or at least lay the groundwork for it.

"The tobacco problem exists on a target, like in archery," said Cliff Douglas, a Chicago lawyer and longtime tobacco foe.

To appeal to voters, traditional tobacco foes like the American Cancer Society, medical societies, insurers and hospitals have assembled large coalitions to push for the 25-cent tax.

But some tobacco foes complain that at a critical juncture in their movement, he has vanished behind closed doors.

Reynolds says tobacco foes who demand government scrutiny of the industry's new ideas would shortchange America's smokers by depriving them of less hazardous alternatives to cigarettes now on the market.

Displayed in the United States, the image might inspire second thoughts in even the most impassioned of tobacco foes.