Settlement FAQs

what happened to the tobacco settlement money

by Macie Gusikowski Published 2 years ago Updated 2 years ago
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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.Dec 24, 2019

Full Answer

How much has the tobacco settlement paid out?

So far, tobacco companies have paid more than $100 billion to state governments as part of a 25-year, $246 billion settlement. Though the money was meant to be spent on prevention and smoking-related programs, it didn't come with a mandate. 15 Years Later, Where Did All The Cigarette Money Go?

What happened to Mississippi’s tobacco lawsuit money 25 years ago?

Landmark tobacco lawsuit settled 25 years ago — what happened to money? If Mississippi’s political leaders had stuck to their plan, the state would now have a trust fund of more than $4 billion earning about $320 million annually to spend on health care, based on projections made in 1999.

Where did all the cigarette money go?

15 Years Later, Where Did All The Cigarette Money Go? So far, tobacco companies have paid more than $100 billion to state governments as part of a 25-year, $246 billion settlement. Though the money was meant to be spent on prevention and smoking-related programs, it didn't come with a mandate. 15 Years Later, Where Did All The Cigarette Money Go?

How did the tobacco companies get money from the government?

Basically, the tobacco companies had money; the states and their hired-gun attorneys wanted money; so the companies paid and the states collected. Then sick smokers got stuck with the bill.

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What was the result of the tobacco lawsuit?

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 happened with the tobacco court case?

In its ruling, the court found that tobacco companies knowingly sold dangerous products and kept smoking health risks concealed, but that the case could not proceed as a class action. Instead, the court ruled that each case must be proven individually.

How much was the Master Settlement Agreement?

$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.

Has the tobacco industry lost money?

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?

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.

Is Truth paid for by Big Tobacco?

Our funding comes from Truth Initiative, a national public health organization. We are *not* funded by Big Tobacco, no matter what your friend's cousin told you.

Why was the Tobacco Master Settlement Agreement made?

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.

When 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 is a pack of 20 cigarettes in Canada?

The price for a pack of 20 cigarettes in Canada varies depending on the type and brand of cigarette and the location. On average, you can expect to pay around $12.33 per pack.

How much money does the US make from tobacco?

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. State taxes accounted for 98 percent of tobacco tax revenue in 2019.

Is tobacco still big business?

Global Tobacco Industry Overview 2020 Today, there are over 1 billion individual adult smokers in the global tobacco and cigarette market, making this one of the world's most lucrative businesses of all time.

Why was the tobacco industry sued?

The United States Justice Department has filed a massive civil lawsuit against the country's major tobacco companies, seeking to recover billions of dollars in long term costs related to treating ill smokers covered by the government health programmes.

What law did Congress pass in 1984 that affected how cigarettes are labeled?

As a result of this report, Congress enacted the Comprehensive Smoking Education Act of 1984 (Public Law 98–474), which required four specific health warnings on all cigarette packages and advertisements: SURGEON GENERAL'S WARNING: Smoking Causes Lung Cancer, Heart Disease, Emphysema, and May Complicate Pregnancy.

When 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.

Where did the tobacco plant originated?

Tobacco cultivation likely began in 5000 BC with the development of maize-based agriculture in Central Mexico. Radiocarbon methods have established the remains of cultivated and wild tobacco in the High Rolls Cave in New Mexico from 1400 – 1000 BC.

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.

Who was the first to sue the tobacco industry?

The first was declared in May 1994 by Mississippi Attorney General Mike Moore . The general theory of these lawsuits was that the cigarettes produced by the tobacco industry contributed to health problems among the population, which in turn resulted in significant costs to the states' public health systems.

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.

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.

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 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 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.

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.”

What is the Broken Promises to Our Children report?

A wide-ranging report on the issue – “ Broken Promises to Our Children: A State-by-State Look at the 1998 Tobacco Settlement ” – was released by the Campaign for Tobacco-Free Kids, American Cancer Society-Cancer Action Network, American Heart Association, American Lung Association, Americans for Nonsmokers’ Rights, Robert Wood Johnson Foundation and Truth Initiative. It includes a ranking of the states.

Why did Trump reverse the ban on vaping?

President Trump in September announced a plan to ban the sale of all flavored e-cigarettes, in response to an increasing number of lung injuries in the U.S. linked to vaping. However, Trump then decided against signing a decision memo on the ban, citing concern over potential job losses.

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.

How much money did tobacco companies pay to the state governments?

So far, tobacco companies have paid more than $100 billion to state governments as part of a 25-year, $246 billion settlement. Though the money was meant to be spent on prevention and smoking-related programs, it didn't come with a mandate.

What was the settlement money put into?

In Mississippi, where the settlement money was put into a trust fund, a lot of it was spent on things other than smoking prevention and health care, Moore says.

Why don't states have money coming in?

Levin says some states don't have any money coming in anymore because they securitized their future payments with an investor in order to receive a lump sum. That lump sum often went into their state's general fund. For its part, the tobacco industry has managed to weather the settlement fairly well.

How much has Mississippi reduced smoking?

Adult smoking has been reduced by about 25 percent, and he says it is that way around much of the U.S. as well.

Why did the Mississippi lawsuit against smokers fail?

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.

When did Obama sign the cigarette ban?

President Obama signed the law in 2009. "Something that could happen, although I wouldn't put a lot of money on it, is they could ratchet down the allowable levels of nicotine in cigarettes to a level that is essentially nonaddictive," he says. "That would be a total game changer.".

Is smoking down among young people?

While smoking is down among young people and even adults in some areas, it's still unclear where much of that money has gone. Carolyn Kaster/AP. Fifteen years after tobacco companies agreed to pay billions of dollars in fines in what is still the largest civil litigation settlement in U.S. history, it's unclear how state governments are using much ...

What did the tobacco companies agree to in the settlement?

In the settlement, tobacco companies also agreed to provisions like curbing their advertising in Minnesota and dissolving the industry's Council for Tobacco Research. Ciresi said after the case was settled, he and Walburn traveled to Geneva to speak before the World Health Organization.

How old is the Minnesota tobacco settlement?

Minnesota's landmark tobacco settlement is 20 years old. Minnesota Attorney General Hubert Humphrey III, center, and Minnesota Blue Cross and Blue Shield CEO Andy Czajkowski, right, were all smiles as they left the Federal Courthouse in St. Paul, May 8, 1998, after the settlement of the state's lawsuit against tobacco companies.

What did Minnesota use the money for?

In the 20 years since the settlement, the state of Minnesota and Blue Cross and Blue Shield have used the money to fund everything from public health programs and anti-smoking campaigns to the bright green Nice Ride Minnesota bikes in the Twin Cities. Minnesota Historical Society. "And the jury, of course, was very upset, ...

How much did the Minnesota tobacco industry pay?

Under the deal, the tobacco industry agreed to pay the state and Blue Cross and Blue Shield of Minnesota more than $6.5 billion, among other provisions. The settlement followed months of trial, in which the plaintiffs argued that tobacco companies had misled Americans about the dangers of their products.

Where did Ciresi and Walburn travel to?

Ciresi said after the case was settled, he and Walburn traveled to Geneva to speak before the World Health Organization. "And at the end, there was a question and answer period. And the first comment was not a question. It was a comment from a woman from, I forget which nation, it was an African nation.

Why was the jury upset at the Minnesota case?

Minnesota Historical Society. "And the jury, of course, was very upset, because they wanted to deliberate, " said Ciresi. "And that was the hardest thing, I think, was coming in in front of that jury and telling them that the case was resolved.

When did Mississippi sue Big Tobacco?

When the lawsuit was filed in 1994 , just one other state, Mississippi, had sued Big Tobacco. But by the time the case went to trial, the tobacco industry was under fire, and around 40 states had filed their own lawsuits. Some had already settled, but none had gone to trial.

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Overview

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. The states settled their Medicaid lawsuits against the tobacco industry for recovery of their tobacco-related health-care costs. In exchange, the compa…

History of adoption

In September 1950, an article was published in the British Medical Journal linking smoking to lung cancer and heart disease. In 1954 the British Doctors Study confirmed the suggestion, based on which the government issued advice that smoking and lung cancer rates were related. In 1964 the United States Surgeon General's Report on Smoking and Health likewise began suggesting the relati…

Summary of terms

The Original Participating Manufacturers (OPMs) agreed to several broad categories of conditions:
• to restrict their advertising, sponsorship, lobbying, and litigation activities, particularly as those activities were seen as targeting youth;
• to disband three specific "Tobacco-Related Organizations," and to restrict their creation and participation in trade associations;

Contraband statutes

By the middle of 2000, domestic NPMs and importers had begun to obtain greater market share. The NAAG noted that reductions in settlement payments which result from an overall reduction in cigarette consumption benefit the states because health care costs imposed by each cigarette exceed the settlement payments. On the other hand, when reductions in settlement payments occur because NPM sales displace PM sales, the states receive no benefits if the NPMs do not …

Criticism

Some anti-smoking advocates, such as William Godshall, have criticized the MSA as being too lenient on the major tobacco companies. In a speech at the National Tobacco Control Conference, Godshall stated that "[w]ith unprecedented future legal protection granted by the state A.G.s in exchange for money, it appears that the tobacco industry has emerged from the state lawsuits even more powerful".

Securitization

In the ten years following the settlement, many state and local governments have opted to sell so-called Tobacco Bonds. They are a form of securitization. In many cases the bonds permit state and local governments to transfer the risk of declines in future master settlement agreement payments to bondholders. In some cases, however, the bonds are backed by secondary pledges of state or local revenues, which creates what some see as a perverse incentive to support the tobacco indu…

Individual state settlements

There is technically a distinct MSA signed separately with each state. While these MSAs are identical, the states have had to enact enabling legislation which differs from state to state. Furthermore, each state's court system is entitled to create its own jurisdictional interpretations of the MSA text. As a result, legal understanding of the MSA differ from state to state.
Documents relating to the initial lawsuits filed by each individual state are available at the UCSF

See also

• Operation Berkshire
• Project SCUM
• Tobacco Settlement Financing Corporation
• "Truth" ad campaign

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