
You would have to file a claim through the state attorney general in the state where the alleged victim is residing. The MSA has been entered with the tobacco companies and the various state attorney generals and if the attorney general of your state participated you would file a claim through them.
Full Answer
What is the tobacco Master Settlement Agreement (MSA)?
The Tobacco Master Settlement Agreement (MSA) | NAAG 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.
How much did the Master Settlement Agreement cost?
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. The tobacco companies also agreed to finance a $1.5 billion anti-smoking campaign, open previously secret industry documents,...
How are tobacco companies obligated to pay the settling states?
Under the MSA, tobacco manufacturers are obligated to make annual payments to the Settling States in perpetuity, so long as cigarettes are sold in the United States by companies that have settled with the States. The NAAG Center for Tobacco and Public Health makes certain such payments are made.
How many states have signed contracts with tobacco companies?
In November 1998, forty-six US states, along with the District of Columbia and five US territories, and the major tobacco companies entered into a contract of an extraordinary nature. (The other four states, Florida, Minnesota, Mississippi, and Texas, had entered similar agreements on their own beginning the year before.)

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.
How much was the tobacco Master settlement?
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.
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 result of the 1998 tobacco settlement?
In the largest civil litigation settlement in U.S. history, the states and territories scored a victory that resulted in the tobacco companies paying the states and territories billions of dollars in yearly installments.
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.
How long did tobacco litigation last?
In the forty years through 1994, over 800 private claims were brought against tobacco companies in state courts across the country.
What is MSA reporting for tobacco?
MSA Multicat Mandatory Data Multicat reports are weekly reports filed electronically by tobacco, candy, drinks, and grocery distributors to report sales and inventory floor counts to brand manufacturers as part of participating in their trade programs.
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.
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.
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 $51.5 million to a California smoker with inoperable lung cancer. Around this time, more than 40 states sued the tobacco companies under state consumer protection and antitrust laws.
What effect did the tobacco settlement have on tobacco sold in the US?
Revenues from domestic sales of tobacco products increased after the MSA was reached, and profits from this source increased as well. Although overall domestic consumption of cigarettes decreased,22 the cigarette price increases more than offset such declines.
What was the Big Tobacco lawsuit?
In 2006, the American Cancer Society and other plaintiffs won a major court case against Big Tobacco. Judge Gladys Kessler found tobacco companies guilty of lying to the American public about the deadly effects of cigarettes and secondhand smoke.
How much money has the tobacco industry lost?
US$ 1.4 trillion lost every year to tobacco use - New tobacco tax manual shows ways to save lives, money and build back better after COVID-19.
When was the first tobacco lawsuit?
In 1994, Mike Moore, the state attorney general, filed the first state lawsuit against big tobacco. Individual lawsuits by smokers failed because courts held people responsible for their decision to smoke, but Moore argued that Mississippi shouldn't be forced to pay the costs of treating smoking-related diseases.
How much does the tobacco industry spend on lobbying?
Tobacco companies spend millions of dollars lobbying in the U.S. every year. In 2020, while we faced a global respiratory pandemic, tobacco companies spent $28,156,312 at the federal level attempting to weaken public health and tobacco control policies (source).
What is the NAAG Center for Tobacco and Public Health?
The NAAG Center for Tobacco and Public Health works with the Settling States of the MSA to preserve and enforce the MSA’s monetary and public-health mandates, including: Representing, advising, and supporting the Settling States in MSA-related legal matters , including litigation and arbitrations.
How does MSA work?
The MSA’s purpose is to reduce smoking in the U.S., especially in youth, which is achieved through: 1 Raising the cost of cigarettes by imposing payment obligations on the tobacco companies party to the MSA. 2 Restricting tobacco advertising, marketing, and promotions, including:#N#Prohibiting tobacco companies from taking any action to target youth in the advertising, promotion or marketing of tobacco products.#N#Banning the use of cartoons in advertising, promotions, packaging, or labeling of tobacco products.#N#Prohibiting tobacco companies from distributing merchandise bearing the brand name of tobacco products.#N#Banning payments to promote tobacco products in media, such as movies, televisions shows, theater, music, and video games.#N#Prohibiting tobacco brand name sponsorship of events with a significant youth audience or team sports. 3 Eliminating tobacco company practices that obscure tobacco’s health risks. 4 Providing money for the Settling States that states may choose to use to fund smoking prevention programs. 5 Establishing and funding the Truth Initiative, an organization “dedicated to achieving a culture where all youth and young adults reject tobacco.”
What law gave the FDA the power to regulate tobacco products?
In 2009, the Family Smoking Prevention and Tobacco Control Act gave the FDA the power to regulate tobacco products. State attorneys general have been active participants in helping the FDA shape its regulatory authority.
How does the MSA affect smoking?
The MSA continues to have a profound effect on smoking in America, particularly among youth. Between 1998 and 2019 , U.S. cigarette consumption dropped by more than 50%. During that same time period, regular smoking by high schoolers dropped from its near peak of 36.4% in 1997 to a low 6.0% in 2019. As advocates for the public interest, state attorneys general are actively and successfully continuing to enforce the provisions of the MSA to reduce tobacco use and protect consumers.
What is the prohibition on tobacco companies?
Prohibiting tobacco companies from taking any action to target youth in the advertising, promotion or marketing of tobacco products.
What is the purpose of the MSA?
The MSA’s purpose is to reduce smoking in the U.S., especially in youth , which is achieved through: Raising the cost of cigarettes by imposing payment obligations on the tobacco companies party to the MSA.
How many tobacco companies have settled under the MSA?
Eventually, more than 45 tobacco companies settled with the Settling States under the MSA. Although Florida, Minnesota, Mississippi, and Texas are not signatories to the MSA, they have their own individual tobacco settlements, which occurred prior to the MSA.
What is the purpose of the escrow statute in Kentucky?
Another result of the MSA, the escrow statute, was passed in 2000 by the legislature ( KRS 131.600 – 131.602) and is designed to ensure that companies selling cigarettes in Kentucky fulfill their financial obligations to the state. This is done by setting up an escrow fund or joining the MSA and making payments to the states in return for a release of liability for cigarette sales. In other words, manufacturers of tobacco products should bear financial burdens related to and arising from cigarette smoking.
What are the restrictions on tobacco products?
The MSA contains three main categories of restrictions: advertising restrictions, brand name restrictions, and give-away restrictions . The first set of restrictions ban outdoor and transit advertising of tobacco products, any advertising targeted at youth (under 18 years of age), and any use of cartoons in advertising, promoting, packaging, or labeling tobacco products. There are two main exceptions to the advertising prohibitions. First, manufacturers may advertise tobacco products on the property of retail establishments, subject to certain size restrictions (generally, no larger than fourteen square feet). Additionally, manufacturers may advertise tobacco products at adult-only facilities or adult-only events.
What is Chapter 131?
Because of the MSA, the legislature amended and created new sections in Kentucky Revised Statutes, Chapter 131 intended to ensure that only legally-compliant cigarettes are sold in Kentucky. Provisions of the law include:
When do you get your Kentucky tobacco certification?
The certification must be completed and delivered to our office on or before April 30th each year. The directory of compliant manufacturers is available on the Revenue Cabinet website and is updated as necessary. If a manufacturer or brand is not found on the directory, tax stamps may not be placed on packages of those cigarettes. Please contact our office should you have any questions regarding the certification or directory.
Can you give a free sample to an underage person?
The give-away restrictions deal with free samples and proof of purchase gifts. The manufacturers cannot distribute free samples, except in adult-only facilities and cannot provide proof of purchase gifts to underage persons (those persons younger than the legal age to purchase cigarettes). To comply with this provision, the manufacturers must require sufficient proof that a recipient of a proof of purchase gift is an adult.
What is the purpose of the smoking ban?
Prohibits the industry from making any material misrepresentations regarding the health consequences of smoking.
What is the ban on cartoons?
Limits tobacco companies to only one brand name sponsorship per year (after current contracts expire or after three years’ whichever comes first). Prohibits brand name sponsorship of events with a significant youth audience.
How long does a tobacco company have to maintain a website?
Requires tobacco companies to maintain for ten years, at their expense, a Website which includes all documents produced in state and other smoking and health related lawsuits.
What happens after state specific finality?
After state specific finality, tobacco companies will be prohibited from opposing proposed state or local laws or administrative rules which are intended to limit youth access to and consumption of tobacco products.
How long does it take to remove transit ads?
Bans transit advertising of tobacco products. Tobacco billboards and transit ads must be removed within 150 days after the Master Settlement Agreement Execution Date. Allows states to substitute for the duration of billboard lease periods, alternative advertising which discourages youth smoking.
What is a prohibition on lobbying?
Prohibits lobbyists from supporting or opposing state, federal, or local laws or actions without authorization of the companies.
How long after master settlement agreement is it required to stop smoking?
Beginning 180 days after the Master Settlement Agreement Execution Date, companies must: Develop and regularly communicate corporate principles that commit to complying with the Master Settlement Agreement and reducing youth smoking.
Why did the OPMs and the settling states not join the MSA?
The OPMs worried that the NPMs, both because they would not be bound by the advertising and other restrictions in the MSA and because they would not be required to make payments to the settling states, would be able to charge lower prices for their cigarettes and thus increase their market share.
How long does it take for a SPM to join the Master Settlement Agreement?
As an incentive to join the Master Settlement Agreement, the agreement provides that, if an SPM joined within ninety days following the Master Settlement Agreement's "Execution Date," that SPM is exempt ("exempt SPM") from making annual payments to the settling states unless the SPM increases its share of the national cigarette market beyond its 1998 market share, or beyond 125% of that SPM's 1997 market share. If the exempt SPM's market share in a given year increases beyond those relevant historic limits, the MSA requires that the exempt SPM make annual payments to the settling states, similar to those made by the OPMs, but based only upon the SPM's sales representing the exempt SPM's market share increase.
What was the 1997 National Settlement Proposal?
This proposed congressional remedy (1997 National Settlement Proposal (NSP), a.k.a. the "June 20, 1997 Proposal") for the cigarette tobacco problem resembled the eventual Multistate Settlement Agreement (MSA), but with important differences. For example, although the congressional proposal would have earmarked one-third of all funds to combat teenage smoking, no such restrictions appear in the MSA. In addition, the congressional proposal would have mandated Food and Drug Administration oversight and imposed federal advertising restrictions. It also would have granted immunity from state prosecutions; eliminated punitive damages in individual tort suits; and prohibited the use of class actions, or other joinder or aggregation devices without the defendant's consent, assuring that only individual actions could be brought. The congressional proposal called for payments to the states of $368.5 billion over 25 years. By contrast, assuming that the Majors would maintain their market share, the MSA provides baseline payments of about $200 billion over 25 years. This baseline payment is subject to
How many plaintiffs have ever prevailed in the tobacco case?
Only two plaintiffs ever prevailed, and both of those decisions were reversed on appeal. As scientific evidence mounted in the 1980s, tobacco companies claimed contributory negligence as they asserted adverse health effects were previously unknown or lacked substantial credibility.
What did the Majors seek?
Faced with the prospect of defending multiple actions nationwide, the Majors sought a congressional remedy, primarily in the form of a national legislative settlement. In June 1997, the National Association of Attorneys General and the Majors jointly petitioned Congress for a global resolution.
How many lawsuits were filed against tobacco companies?
By the mid-1950s, individuals in the United States began to sue the companies responsible for manufacturing and marketing cigarettes for damages related to the effects of smoking. In the forty years through 1994, over 800 private claims were brought against tobacco companies in state courts across the country. The individuals asserted claims for negligent manufacture, negligent advertising, fraud, and violation of various state consumer protection statutes. The tobacco companies were successful against these lawsuits. Only two plaintiffs ever prevailed, and both of those decisions were reversed on appeal. As scientific evidence mounted in the 1980s, tobacco companies claimed contributory negligence as they asserted adverse health effects were previously unknown or lacked substantial credibility.
What is the tobacco master settlement agreement?
The Tobacco Master Settlement Agreement ( MSA) was entered in November 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. The states settled their Medicaid lawsuits against the tobacco industry for recovery of their tobacco-related health-care costs. In exchange, the companies agreed to curtail or cease certain tobacco marketing practices, as well as to pay, in perpetuity, various annual payments to the states to compensate them for some of the medical costs of caring for persons with smoking-related illnesses. The money also funds a new anti-smoking advocacy group, called the Truth Initiative, that is responsible for such campaigns as Truth and maintains a public archive of documents resulting from the cases.
What is the Master Settlement Agreement?
The Master Settlement Agreement (MSA) imposes major restrictions on tobacco company marketing practices and prohibits advertising aimed at youth. The MSA restricts the participating tobacco companies in the following ways: Prohibits direct or indirect targeting of youth in advertising, marketing and promotions.
Who represented California in the tobacco litigation?
The Attorney General represented the State of California in the tobacco litigation. The Attorney General established the first full-time state tobacco enforcement unit in the country and provided consumers with a complaint line, 916-565-6486, for reporting suspected violations of the MSA.
How do politicians take advantage of the tobacco industry?
Besides politicians’ quintessential habit of spending money on things it was not meant for, there is a more insidious way that they have taken advantage of the never-ending stream of money from the tobacco companies. This is called securitization, and it occurs when a cash-strapped state borrows against promised future MSA payments so that it can get the money immediately. The state issues bonds backed up by the promise of future payments. The term “tobacco bonds” is a reference to this irresponsible practice. The buyers of bonds (the most prominent of which are powerful financial institutions) make a handsome long-term profit. State governments and their taxpayers get a raw deal. As the Campaign for Tobacco-Free Kids warned as early as 2002, states that securitize their tobacco funds get much smaller total payments, “usually for about 40 cents on the dollar or less,” than they would if they let the future revenue come in as planned. Borrowing against future payments in exchange for less money today leads to fewer resources for public health and more money for Wall Street. Yet politicians openly turn to the MSA revenue to cover for their irresponsible spending. For example, in November 2017, as Pennsylvania tried to balance its budget shortfall that had been caused by a refusal to eliminate wasteful spending, securitizing tobacco settlement revenue was the preferred course of all parties. Unfortunately, even some otherwise fiscally responsible politicians like to securitize tobacco revenue, as they consider it a better option than raising taxes.
What was the master settlement agreement between the tobacco companies and the states?
In November 1998, forty-six US states, along with the District of Columbia and five US territories, and the major tobacco companies entered into a contract of an extraordinary nature. (The other four states, Florida, Minnesota, Mississippi, and Texas, had entered similar agreements on their own beginning the year before.) The agreement, known as the Master Settlement Agreement (MSA), represented the culmination of a decades-long argument between the tobacco companies and state governments. After the dangers of smoking became known, the tobacco industry had engaged in extensive efforts to somehow stay in business, deflect and defeat lawsuits, and minimize negative attention. Public healthcare systems—and most of the healthcare in this country is taxpayer-funded or subsidized—had seen an influx of patients with smoking-related diseases, and state governments began filing lawsuits against the tobacco companies, claiming they wanted money to help cover smoking-related healthcare costs. The tobacco companies had lots of money but were nervous about the states’ potential to sue them out of business. So, they decided to talk. The result was the MSA.
What is the Tobacco Master Settlement Agreement?
The Tobacco Master Settlement Agreement simultaneously represents one of the most egregious examples of a government shakedown of private industry and offers a case study of the problems that stem from big government and big business scratching each other’s backs. It has turned the largest tobacco companies into an indispensable cash cow for politicians and bureaucrats, enabled irresponsible state spending, and, amazingly, has resulted in less money for public health and tobacco control while propping up a declining industry. As is the case with discriminatory tobacco taxes, the incentives of the MSA are perverse: the more people smoke, the more money the government gets to spend on whatever it wants. The biggest losers are those with tobacco-related diseases and smokers trying to quit.
How does the amount paid by tobacco companies affect the number of cigarettes sold?
The amount paid by the tobacco companies would directly correlate to the number of cigarettes sold—the more cigarettes sold, the more money the states would get. In exchange for their money, the tobacco companies would not be sued by state and local governments seeking recovery of costs associated with tobacco use.
How much money did tobacco companies pay to the states?
Nearly twenty years later, the tobacco companies have paid a staggering $119.5 billion to the states and territories participating in the MSA and another $25.4 billion to the four states with their own agreements. What have the states done with this huge amount of money?
What is tobacco bonds?
The state issues bonds backed up by the promise of future payments. The term “tobacco bonds” is a reference to this irresponsible practice. The buyers of bonds (the most prominent of which are powerful financial institutions) make a handsome long-term profit. State governments and their taxpayers get a raw deal.
What are the incentives of the MSA?
As is the case with discriminatory tobacco taxes, the incentives of the MSA are perverse: the more people smoke, the more money the government gets to spend on whatever it wants. The biggest losers are those with tobacco-related diseases and smokers trying to quit.
What does sponsorship mean?
ofthe name ofthe event or (2) to identify, advertise, or promote such event or an entrant, participant or team in such event in any other way. Sponsorship of
What is the potential claim pursuant to Tenns?
potential claims pursuant to tenns which will achieve for the Settling States and their citizens significant funding for the advancement ofpublic health, the implementation ofimportant tobacco-related public health measures, including the enforcement ofthe mandates and restrictions related to such measures, as well as funding for a national Foundation dedicated to significantly reducing the use ofTobacco Products by Youth;
How long after MSA execution date will tobacco growers meet with the political leadership of states?
WHEREAS, the Panicipating Manuftcturers recognize the concern ofthe tobacco grower community that it may be adversely affected by the potential reduction in tobacco consumption resulting from this settlement, reaffinn their commitment to work cooperatively to address concerns about the potential adverse economic impact on such community, and will, within 30 days after the MSA Execution Date, meet with the political leadership ofStates with grower communities to address these economic
What does "owns" mean?
Solely for purposes ofthis definition, the terms "owns," "is owned" and "ownership" mean ownership ofan equity interest, or the equivalent thereof, of I 0 percent or more, and the term "person" means an individual, partnership, committee, association, corporation or any other organimtion or group ofpersons. -3· .
What does relative market share mean?
(mm) "Relative Market Share" means an Original Participating Manufacturer's respective share (expressed as . 11 .
What is a brand name sponsor?
single approving organization (e.g., NASCAR or CART), constitutes one Brand Name Sponsorship. Sponsorship of an entrant, participant, or team by a Participating Manufacturer using a Brand Name or Names in an event that is part ofa series or tour that is sponsored by sucb Participating Manufacturer or that is
What does allocation share mean?
amended pursuant to subsection XVJIIQ). (f) "Allocable Share" means the percentage set forth for the State in question
