Settlement FAQs

how to get money from the tobacco master settlement

by Dr. Felipe Turner DVM Published 2 years ago Updated 2 years ago
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ALERT: The Master Settlement Agreement

Tobacco Master Settlement Agreement

The Tobacco Master Settlement Agreement was entered in November 1998, originally between the four largest United States tobacco companies 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 w…

involves a 1998 settlement reached between the nation's four largest tobacco companies and attorneys general from 46 states and territories. Despite recent reports on the internet, there is no provision for payments to individuals.

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 money do States receive from tobacco settlement payments?

However, this is less than 2 cents of every dollar or close to $26 billion total that states receive from tobacco settlement payments and tobacco taxes each and every year.

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 much do States spend on tobacco cessation programs?

In total, states are spending close to $470 million on tobacco prevention and cessation programs in the 2015-2016 fiscal year. However, this is less than 2 cents of every dollar or close to $26 billion total that states receive from tobacco settlement payments and tobacco taxes each and every year.

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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.

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.

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.

What was the purpose of the tobacco lawsuit case that resulted in the tobacco Master settlement?

to create and fund the National Public Education Foundation, dedicated to reducing youth smoking and preventing diseases associated with smoking. to make annual payments to the settling states in perpetuity.

What did the master settlement agreement 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.

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.

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 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.

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.

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 price did the tobacco companies have to pay for hiding the truth from consumers?

So far tobacco companies have paid more than $100 billion to state governments as part of the 25-year, $246 billion settlement. Among many state governments receiving money, Orange County, Calif., is an outlier.

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.

What price did the tobacco companies have to pay for hiding the truth from consumers?

So far tobacco companies have paid more than $100 billion to state governments as part of the 25-year, $246 billion settlement. Among many state governments receiving money, Orange County, Calif., is an outlier.

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.

Where do the tobacco protection funds go?

The payments go directly from smokers’ pockets to the State treasuries after being “laundered” through the tobacco companies that were basically forced to pay “protection money” to the Mob or face the consequences. I’m pretty sure there are no provisions for individual citizens to touch the funds in any State, though I’d be interested in knowing about it if I’m wrong.

How long does it take to file a claim against a tobacco company?

You file a claim against the tobacco Co. If they don't answer or respond within 30 days, it becomes law.

Why do people quit smoking?

And they’ve done it without “hitting bottom” through jail, horrible accidents, killing people in fights, overdosing, extreme medical consequences, or waking up in the gutter — usually quitting just because of social pressure, relatively mild financial expenditure (at least when compared to most illegal drugs), or concerns about far future possibilities of health consequences.

Where does MSA money go?

In most States (49 of them in fact) the MSA funds go directly to the State, and are used for whatever purpose they wish. In theory the money is for treating ill smokers and funding local tobacco control - but as often as not it goes into whatever they have a current financial problem with, such as funding the State employee pensions. Indeed, the impression is that less than 2% of the MSA funds, overall, are assigned to their original purpose.

Can smokers sue a cigarette manufacturer?

In States that did not sign up to the Master Settlement Agreement, individual smokers (or their surviving families or estates) have successfully sued a cigarette manufacturer, sometimes as individuals and sometimes in a class action. Recent cases include Florida’s Robinson/RJR case, which resolved to a $17m award. Florida has several cases outstanding, more on that here: Tobacco giants settle smoking lawsuits for $100M. Some of these cases can be found by searching ‘tallahassee tobacco suit’ and similar.

Can smokers sue a CI?

In States that did not sign up to the Master Settlement Agreement, individual smokers (or their surviving families or estates) have successfully sued a ci

Can you settle a tobacco dispute?

You can’t. The Master Settlement Agreement was a deal between the tobacco companies and the states, settling litigation by the states.

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 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 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.

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 purpose of entering into agreements with major retail chains?

Entering into agreements with major retail chains to ensure that retailers comply with state laws setting the minimum age at which tobacco products may be purchased and limiting the quantity and content of tobacco advertising at retail locations.

Do tobacco companies have to pay settlements?

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.

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.

Why do states need to use tobacco settlement dollars?

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 of death in this country, tobacco use. Clearly, we have a tall mountain to climb though.

What was the largest settlement in the history of tobacco?

In 1998, almost every state in the U.S. came together to approve the largest civil settlement in U.S. history, the Tobacco Master Settlement Agreement (MSA). This court settlement between 46 states and the District of Columbia and the major tobacco companies forced them to end some of their more egregious marketing practices and provided for annual payments to the states for some of the medical costs of caring for the 16 million Americans who have smoking-caused illnesses. The settlement was huge: $206 billion over the first 25 years and the payments continue indefinitely into the future.*

How many states have failed the Tobacco Control 2016 test?

That's over 80 percent of states that failed the test!

When was the Master Settlement Agreement reached?

ALERT: The Master Settlement Agreement involves a 1998 settlement reached between the nation's four largest tobacco companies and attorneys general from 46 states and territories. Despite recent reports on the internet, there is no provision for payments to individuals.

Does tobacco cause lung cancer?

And their profits come at our expense: Tobacco use causes or makes worse a whole host of diseases and conditions, including lung cancer and chronic obstructive pulmonary disease (COPD). Tobacco also eventually kills over a third of people who use it. In the 1990s, policymakers finally stood up to the industry and acted.

How much did tobacco companies pay in compensation?

In 1998, an historic landmark legal settlement between 46 states and the major tobacco companies, – along with individual settlements with four other states – required the companies to pay more than $246 billion over time as compensation for tobacco-related health care costs.

How much does tobacco spend on marketing?

According to the most recent data from the Federal Trade Commission (for 2017), the major cigarette and smokeless tobacco companies spend $9.4 billion a year – over $1 million each hour – on marketing.

How much money will the CDC spend on tobacco in 2020?

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 many high schoolers use e-cigarettes?

The number of kids who use e-cigarettes has skyrocketed to over 5.3 million, including more than one in four (27.5%) high school students, and recent trends indicate that nearly 5,000 more kids start using e-cigarettes each day.

Which states have banned flavored e-cigarettes?

Massachusetts has prohibited the sale of all flavored tobacco products, including flavored e-cigarettes and menthol cigarettes, while Michigan has banned flavored e-cigarettes.

When is the deadline for cigarette warnings?

meet a court-ordered deadline of March 15, 2020, for issuing a final rule requiring graphic cigarette warnings.

What is the importance of e-cigarettes?

“The e-cigarette epidemic is disrupting the lives of kids and families in every community, so it is critical that every state step up and do its part to end this crisis. That includes properly funding proven tobacco prevention programs, as well as prohibiting the flavored products that have fueled this epidemic,” said Matthew L. Myers, President of the Campaign for Tobacco-Free Kids. “We need a comprehensive, all-hands-on-deck strategy to prevent e-cigarettes from addicting a generation of children.”

How much money could you collect from Big Tobacco?

Could You Collect Tax-Free Cash Thanks to Big Tobacco? You could begin collecting $2,300 a month thanks to “Master Settlement Payments,” courtesy of Big Tobacco.

What is the Master Settlement Agreement?

The 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 five largest tobacco companies in America concerning the advertising, marketing and promotion of tobacco products. In addition to requiring the tobacco industry to pay the settling states approximately $10 billion annually for the indefinite future, the MSA also set standards for, and imposed restrictions on, the sale and marketing of cigarettes by participating cigarette manufacturers.

Does MSA require settlement payments?

The MSA imposes no requirements on how states spend their MSA payments; states are free to use the funds for any purpose. As a result, the receipt of millions of MSA dollars has presented states with a unique opportunity to finance programs in a variety of policy areas. Although the MSA does not require states to spend settlement payments on tobacco control programs, many antismoking and health care observers are concerned that states are not using enough of the MSA payments to enhance their tobacco prevention and control efforts.

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