Settlement FAQs

what big tobacco master settlement agreement

by Prof. Alphonso Hamill I Published 3 years ago Updated 2 years ago
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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.

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.

What was the result of the 1998 settlement between the tobacco industry and US states?

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 effect did the 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.

How much was the big tobacco settlement?

In 1998, state governments reached a 25-year, $246 billion deal with the country's largest tobacco companies. The staggering sum was intended to hold the industry accountable for the lethal effects of smoking and provide support for anti-tobacco programs.

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 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.

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 ...

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.

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 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.

How much was the 1998 tobacco 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.

Which statement about the effects of nicotine use is true quizlet?

Which statement about the effects of nicotine use is true? Nicotine has no effect on brain chemistry.

Who was the first European to encounter tobacco plants?

Christopher Columbus1492 – Christopher Columbus first encounters dried tobacco leaves. They were given to him as a gift by the American Indians. 1492 – Tobacco plant and smoking introduced to Europeans.

What kinds of comparisons can you draw between vaping and smoking cigarettes?

Smoking. The difference between smoking and vaping is that smoking delivers nicotine by burning tobacco, which can cause smoking-related illnesses, and vaping can deliver nicotine by heating a liquid in a much less harmful way.

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.

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 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.

Who enforces the Master Settlement Agreement?

The Attorney General’s Office and the attorneys general of other states are taking steps to enforce the terms of the Master Settlement Agreement and to encourage other tobacco companies to join in the settlement.

When did the Master Settlement Agreement come into effect?

In November 1998, the attorneys general of 51 U.S. states and territories entered into a landmark settlement as a result of this litigation. Among many other things, and subject to certain exceptions, the Master Settlement Agreement:

How many sponsorships can you have in a year?

Limits manufacturers to only one brand-name sponsorship of an event per year, and prohibits brand name sponsorship of major team sports (baseball, basketball, football, hockey, and soccer), concerts, events with a significant youth audience, and events where any of the paid participants or contestants are underage.

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.

When did the tobacco industry pay $50 million?

On March 31, 1999, the industry is directed to pay $50 million which will be used to assist settling states in enforcing and implementing the agreement and to investigate and litigate potential violations of state tobacco laws.

How many sponsorships can a tobacco company have?

Limits tobacco companies to one brand name sponsorship per year (after current contracts expire or after three years - whichever comes first).

What is a prohibition on tobacco lobbyists?

Prohibits tobacco lobbyists from supporting or opposing state, federal, or local laws or actions without authorization of the companies.

What is the purpose of tobacco education?

Carry out a nationwide, sustained advertising and education program to counter youth tobacco use and educate consumers about the cause and prevention of diseases associated with tobacco use.

How much did tobacco spend in 1996?

"Big tobacco spent $28.8 million in 1996 and $35.5 million in 1997 and employed 208 lobbyists to lobby Congress. That is one lobbyist for every 2.5 members of Congress." -- Public Citizen.

What is the purpose of the smoking ban?

Prohibits the industry from making any material misrepresentations regarding the health consequences of smoking.

How much money did the tobacco industry make in 1998?

Requires tobacco companies to make "up front" payments of nearly $13 billion in the following amounts: $2.4 billion in 1998, $2.472 billion on January 10, 2000, $2.546 billion in 2001, $2.622 billion in 2002, and $2.701 billion in 2003.

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.

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.

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.

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 is the tobacco settlement?

StateAG.org’s The Tobacco Settlement commemorates the historic fight against big tobacco and the men and women who led these efforts on behalf of the states.

What was the purpose of the settlement of the tobacco addiction lawsuit?

The settlement created a trust fund to pay for medical costs resulting from tobacco addiction and ended the suits by several states and individuals for payment of such medical costs. The settlement also prohibited class action law suits against tobacco companies in the future.

Which state is the fifth to join the tobacco litigation?

Massachusetts became the fifth state to join the litigation. In December 1998, the National Association of Attorneys General awarded Tom the NAAG President's Distinguished Service Award for his work nationally on the state tobacco litigation and settlements.

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