Settlement FAQs

how do i get a tobacoo settlement

by Kelvin Kris Published 2 years ago Updated 2 years ago
image

There is also a better chance of getting a settlement on the table when using an experienced tobacco settlement lawyer. The best avenue is to consult a local class action lawyer specializing in tobacco cases. A lawyer can help you determine what type of claims you can bring and evaluate your success.

Full Answer

What is the proposed flue-cured tobacco settlement?

The proposed Flue-Cured Tobacco settlement will resolve a class action lawsuit that claims U.S. Tobacco Cooperative kept accumulating funds from Class Members after the federal Tobacco Price Support Program ended, at which point U.S. Tobacco Cooperative no longer served its purpose.

What is the tobacco Master Settlement Agreement?

The Tobacco Master Settlement Agreement ( MSA) was entered on November 23, 1998, originally between the four largest United States tobacco companies ( Philip Morris Inc., R. J. Reynolds, Brown & Williamson and Lorillard – the "original participating manufacturers", referred to as the "Majors") and the attorneys general of 46 states.

What is the tobacco settlement permanent trust account (TSPA)?

The 76th Texas Legislature created the Tobacco Settlement Permanent Trust Account as a cooperative project between the Texas Department of Health (now DSHS) and the State Comptroller of Public Accounts in order to provide local health departments and hospital districts a portion of the payments from the state's tobacco settlement.

How much did Michigan receive from the tobacco settlement money?

^ "Since the MSA was adopted, the tobacco companies have paid a total of more than $138 billion, with Michigan receiving more than $5.9 billion". ^ "Tobacco Settlement Funds Sprinklers, Golf Carts and a Grease Trap". ^ "Who Is Really Benefiting From the Tobacco Settlement Money?".

image

What are tobacco settlement payments?

Under the Master Settlement Agreement, seven tobacco companies agreed to change the way they market tobacco products and to pay the states an estimated $206 billion.

How much was the tobacco Master settlement?

$365.5 billionThe settlement included a payment by the companies of $365.5 billion, agreement to possible Food and Drug Administration regulation under certain circumstances, and stronger warning labels and restrictions on advertising.

How much was the 1998 tobacco settlement?

Tobacco deal settled - Nov. 20, 1998. NEW YORK (CNNfn) - A group of 46 states reached an agreement Friday with leading tobacco companies that calls for cigarette makers to pay the states $206 billion and submit to sweeping advertising and marketing restrictions.

Where did the tobacco settlement money go?

This year (fiscal year 2020), the states will collect $27.2 billion from the 1998 tobacco settlement and tobacco taxes. But they will spend less than 3% – just $739.7 million – on programs to prevent kids from using tobacco and help smokers quit - less than a quarter (22.4%) of the total funding recommended by the CDC.

Can I sue tobacco companies for COPD?

Yes, you can still sue tobacco companies in certain cases. You may be able to bring an action as an individual or, in some cases, as a representative of a class in a class action.

What year was tobacco settlement?

1998The tobacco Master Settlement Agreement (MSA) is an accord reached in November 1998 between the state Attorneys General of 46 states, five U.S. territories, the District of Columbia and the four largest cigarette manufacturers in the United States.

When did the Big Tobacco lawsuit start?

The first big win for plaintiffs in a tobacco lawsuit occurred in February 2000, when a California jury ordered Philip Morris to pay $51.5 million to a California smoker with inoperable lung cancer. Around this time, more than 40 states sued the tobacco companies under state consumer protection and antitrust laws.

What were 3 provisions of the 1998 Master Settlement Agreement?

Tobacco advertising that targets people younger than age 18 was prohibited. Cartoons in cigarette advertising were eliminated. Outdoor, billboard and public transit advertising of cigarettes was eliminated. Cigarette brand names could no longer be used on merchandise.

Does the government get money from cigarettes?

State and local governments collected $19 billion in revenue from tobacco taxes in 2019, which was 0.6 percent of state and local general revenue.

How does the tobacco settlement money help disease prevention and health promotion?

The American Lung Association believes that states must use these tobacco settlement dollars, which are intended to compensate states for the healthcare costs from treating sick smokers and former smokers, and revenue from tobacco taxes to fund robust tobacco prevention programs to help tackle the #1 preventable cause ...

What did the master settlement agreement that cigarette companies agreed to in 1998 do?

In 1998, 52 state and territory attorneys general signed the Master Settlement Agreement (MSA) with the four largest tobacco companies in the U.S. to settle dozens of state lawsuits brought to recover billions of dollars in health care costs associated with treating smoking-related illnesses.

What was the Big Tobacco lawsuit?

In 2006, the American Cancer Society and other plaintiffs won a major court case against Big Tobacco. Judge Gladys Kessler found tobacco companies guilty of lying to the American public about the deadly effects of cigarettes and secondhand smoke.

Can a political subdivision spend the money it receives from the tobacco settlement for any purpose it chooses?

May a political subdivision spend the money it receives from the tobacco settlement for any purpose it chooses?#N#Yes, the use of the money is unrestricted. The settlement agreement does not require that it be spent for a particular purpose.

Can a foundation give money to a county?

However, if the foundation gave the money to the county as a general donation, giving the county clear authority to use the money at the county’s discretion, and the county used the money on health care, then the county could count the use of such funds as an unreimbursed health care expenditure.

Is tobacco settlement based on pro rata?

Yes, because all pro rata shares, beginning in 2000, are based on unreimbursed health care expenditures, as defined in the settlement agreement and health care expenditures made with tobacco settlement proceeds are treated as unreimbursed. See #12.

What is the likelihood of payment on a tobacco settlement bond?

So long as the payment stream is maintained under the MSA to the states, the likelihood of payment on tobacco settlement bonds relies solely on those payments . The structure of each tobacco settlement bond financing was based on “worst case” scenarios assuming the payment stream is less than expected, and was designed to still pay debt service in a timely fashion. Through “over collateralization,” tobacco settlement bond issuers have pledged funding from their MSA payments sufficiently in excess of the amount necessary to meet debt service requirements so as to withstand a variety of dire scenarios, including the bankruptcy of a major tobacco company.

What are the contingencies of securitized settlements?

The financings that have securitized those settlements provide for a number of contingencies, including tobacco company bankruptcies, market shifts among tobacco companies and a decline in smoking. Typically, bond issues carry ratings reflecting the borrower’s business prospects, financial strength and debt burden.

How are tobacco bonds rated?

Tobacco bonds have generally been rated based on each agency’s opinion of the tobacco industry’s credit quality overall, as well as specific collateral issues present in each financing. Since Philip Morris represents approximately half of domestic tobacco sales, its fortunes serve, in many ways, as a proxy for the industry overall. As a result, a change in PM’s ratings may cause unwarranted rating adjustments for tobacco securitization bonds as well.

How long did the Master Settlement Agreement last?

The Master Settlement Agreement (MSA) was signed by the tobacco industry and 46 states and four territories in 1998, providing for $206 billion in payments to the States over a 25 year period as reimbursement for health and other related costs.

Is a tobacco settlement bond good?

Despite new challenges to tobacco companies, tobacco settlement bonds remain good investments. Unlike corporate bonds issued directly by tobacco companies, debt service payments on tobacco settlement bonds do not rely on the credit strengths of any particular tobacco company, but on the tobacco industry as a whole and the smokers who continue ...

image

General Information

  1. Who is qualified to receive an annual pro rata share of the tobacco settlement proceeds? Political subdivisions as defined in 25 Tex. Admin. Code § 102.1(b). These include “a hospital district, ano...
  2. How can I determine whether a given political subdivision qualifies for tobacco settlement proceeds under this definition? Consult Chapter 61 of the Texas Health and Safety Code pert…
  1. Who is qualified to receive an annual pro rata share of the tobacco settlement proceeds? Political subdivisions as defined in 25 Tex. Admin. Code § 102.1(b). These include “a hospital district, ano...
  2. How can I determine whether a given political subdivision qualifies for tobacco settlement proceeds under this definition? Consult Chapter 61 of the Texas Health and Safety Code pertaining to the C...
  3. How can I get a copy of the settlement agreement? A text copy of the settlement agreement is available online or may be requested via e-mail at [email protected] telephone at 512.776.2591.
  4. What was the total settlement amount, initially, for political subdivisions? The settlement agr…

Distribution Calculation

  • Once the DSHS receives the expenditure statements, how will it apportion the available dollars among the political subdivisions? The DSHS combines eligible expenditures from all statements received...
See more on dshs.texas.gov

Use of Tobacco Settlement Proceeds

  1. May a political subdivision spend the money it receives from the tobacco settlement for any purpose it chooses? Yes, the use of the money is unrestricted. The settlement agreement does not require...
  2. What are some of the ways in which political subdivisions intend to use the tobacco settlement proceeds? Use of funds varies widely, based on information received by the DSHS.
  1. May a political subdivision spend the money it receives from the tobacco settlement for any purpose it chooses? Yes, the use of the money is unrestricted. The settlement agreement does not require...
  2. What are some of the ways in which political subdivisions intend to use the tobacco settlement proceeds? Use of funds varies widely, based on information received by the DSHS.
  3. Is there any incentive for political subdivisions to spend their tobacco settlement proceeds on health care? Yes, because all pro rata shares, beginning in 2000, are based on unreimbursed health ca...

General Information Regarding Counties

  1. Should counties coordinate with cities to determine how best to maximize funds for reimbursement? Yes, counties should coordinate with cities to maximize all dollars being spent on health care in t...
  2. More specifically, for what kinds of services can a county expect to receive payment under the settlement agreement? These must be for services such as a hospital district may provide. T…
  1. Should counties coordinate with cities to determine how best to maximize funds for reimbursement? Yes, counties should coordinate with cities to maximize all dollars being spent on health care in t...
  2. More specifically, for what kinds of services can a county expect to receive payment under the settlement agreement? These must be for services such as a hospital district may provide. They will ty...
  3. May a county include expendable medical supplies such as bandages, medications, and syringes? Yes, medical supplies may be included, but administrative supplies, such as copy paper, can be counted...
  4. Are expenditures related to medical waste disposal, including the destruction of drugs and n…

County Jail, Sheriff, & Prisoner Information

  1. May a county include the salary and benefits of the nurse in a county jail? Yes, under 25 Tex. Admin. Code § 102.3(b)(1)(J), the county may include employee salary and benefits to the extent the em...
  2. If a county hires a private contractor to provide inmate medical care, would it be considered an eligible expenditure? Yes, the county can claim the contract amount.
  1. May a county include the salary and benefits of the nurse in a county jail? Yes, under 25 Tex. Admin. Code § 102.3(b)(1)(J), the county may include employee salary and benefits to the extent the em...
  2. If a county hires a private contractor to provide inmate medical care, would it be considered an eligible expenditure? Yes, the county can claim the contract amount.
  3. May a county include drug testing for the sheriff’s department personnel? No, the expense must be related to health care for the general public or the inmates of the county jail.
  4. Can the expense of mental competency hearings or mental health commitments in the court system be included as a possible expense? No, court costs and deputy sheriff’s time spent transporting a pris...

Hospital District & County Information

  1. If you have a hospital district that does not cover the entire county, is the hospital district responsible for claiming jail health care? No, the county will file its own report and will include i...
  2. If a county has a hospital district that covers the entire county, which entity will count the unreimbursed health care expenditures for inmates of the county jail – the county or the hos…
  1. If you have a hospital district that does not cover the entire county, is the hospital district responsible for claiming jail health care? No, the county will file its own report and will include i...
  2. If a county has a hospital district that covers the entire county, which entity will count the unreimbursed health care expenditures for inmates of the county jail – the county or the hospital dist...
  3. What expenditures may be claimed by a political subdivision that has sold its public hospital to a private company? Note the following provision in 25 Tex. Admin. Code § 102.3(e)for the distributio...
  4. Who submits an expenditure statement when a new hospital district comes into existence in …

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 1 2 3 4 5 6 7 8 9