Tobacco Settlement Resources

SETTLEMENT RESOURCES


Q: Could you please explain the recent historic tobacco settlement?

A: Sure. Basically, the tobacco industry has admitted that it is killing people by the millions, and has agreed that from now on it will do this under the strict supervision of the federal government.

--Dave Barry
MASTER TOBACCO SETTLEMENT AGREEMENT November 23, 1998
$206 billion settlement between the tobacco industry and 46 states plus 5 territories. From the Tobacco Control Resource Center.

SUMMARY OF THE ATTORNEYS GENERAL MASTER TOBACCO SETTLEMENT AGREEMENT March 1999
--Joy Johnson Wilson / National Conference of State Legislators / Director, AFI Health Committee

From the National Association of Attorneys General:

MASTER SETTLEMENT AGREEMENT
Signed on Nov. 23, 1998.

Master Settlement Agreement Resources Page
Including Amendments and the Smokeless Agreement.

Resources

  • 99/11/05 RL30058: Tobacco Master Settlement Agreement (1998): Overview, Implementation by States, and Congressional Issues C. Stephen Redhead's Congressional Research Service report
  • 4/29/99 THE AFTERMATH OF THE STATES¹ TOBACCO SETTLEMENT: A MID-TERM REPORT CARD
      A RECORD OF PROMISES BROKEN AND AN OPPORTUNITY LOST A Report by the CAMPAIGN FOR TOBACCO-FREE KIDS and the American Heart Association
  • 01/05/02 Materials on the legal settlement with the tobacco industry From Essential Action
  • 04/09/98 National Tobacco Policy and Youth Smoking Reduction Act (S. 1415) Nice clear breakdown/precis by the National Conference of State Legislatures

  • 02/27/98 Tobacco's 39,000 Documents on the Internet Tobacco Institute and Council for Tobacco Research documents won't be available til March 6. You need a TIFF viewer. The recommended plug-in is not available for Macintosh.
    Here's today's Press Release
  • 03/18/98 ISSUE OF THE WEEK: THE TOBACCO SETTLEMENT Major effort from Policy.com, akin to what "Lead Story" used to do but better. Nicely organized collection of online settlement resources/opinions. The section on legislation and calls for action is very useful, as is the section on immunity pro and con. There's an online discussion today at 4PM ET with Elizabeth Whelan of ACSH
      This edition of Policy.com's "Issue of the Week" turns its focus to the impending tobacco settlement. It examines the proposed tobacco resolution reached last summer and highlights the key provisions of embryonic Congressional tobacco legislation, including the manner in which tobacco is to be regulated by the Food and Drug Administration, minors' access to tobacco products and restrictions on tobacco advertisements and the debate over immunity and special protections for the tobacco industry. Join Policy.com's moderated discussion on the tobacco settlement, Wednesday, March 18, at 4:00pm ET/1:00pm PT in the policy chat room. American Council on Science and Health President Elizabeth Whelan, Ph.D. , will join the discussion to provide expert commentary.

  • 06/05/98 Are They Lying Again? Campaign for Tobacco Free Kids addresses current settlement issues-- bankruptcy, black market, pricing to reduce teen smoking, etc.
  • 8/20/97 Settlement Scorecard Can't tell which side the players are on without a scorecard. Tobacco BBS
  • 06/21/97 Attorney General Contact List Tobacco BBS (See also smokescreen.org, below)
  • 06/21/97 Tobacco Industry Stock Quotes 15-20 minute delayed. Yahoo
  • 06/22/97 Campaign for Tobacco-Free Kids SETTLEMENT Page includes CTFK's Summary of Settlement
  • 06/22/97. Michael Tacelosky's Tobacco Settlement Information Site You can instantly send a message to your state AG, read settlement documents like ALA's and Stan Glantz's opposing statements, see detailed notes of the Health Orgs' Chicago Settlement Talks, join settlement-oriented mailing lists and more.
  • 4/96 Richard Kluger's 5-Point Peace Plan In April, 1996, Richard Kluger was the first to seriously propose a settlement with the industry, a "deal with the devil."
  • 11/21/98 National Association of Local Boards of Health Position Paper NALBOH Statement on any Potential Tobacco Settlement or Legislative Remedies.

    Source Documents


  • 02/07/15 Schedule of Payments till 2025, from WA AG.
  • 05/08/98 ESTIMATING THE REVENUES OF S. 1415, THE TOBACCO BILL; RPC Addresses Reasons for Conflicting Estimates, and Offers its own Estimates US Senate Republican Policy Committee


  • The Tobacco Settlement 1997-98 Chronology, plus Secret Documents; from the House Commerce Committee.

  • 9/4/97 STIC Settlement Library
  • 06/22/97 Preamble to Text of Accord The New York Times (Free Registration)

  • 06/27/97 AG SETTLEMENT Text--PHILIP MORRIS SEC Filing
  • 06/22/97 AG SETTLEMENT TEXT from Jack Cannon. (120K)
  • 06/22/97 AG SETTLEMENT TEXT from State Tobacco Information Center
  • 03/20/97 LIGGETT Settlement
  • State Suits Browse or download

  • Call Luanne Nyberg of A/G Humphrey's office to get copies of recent Senate Judiciary and Senate Commerce hearing transcripts: (612)215-1533.
  • 06/23/97 The Press Conference Text All on one page; from The Wall Street Journal (Pay Registration)
  • 06/20/97 Tobacco Announcement Text 1 AP Washington Post
      Remarks made by key Attorneys General on the tobacco deal at a Washington news conference.
    • 06/20/97 Part 2
    • 06/20/97 Part 3
    • 06/20/97 Part 4
    • 06/20/97 Part 5

    Government Documents


  • Senate Roll Call Votes The Senate's website keeps track so you can check on your rep.
  • 00/12/15 Robert Sklaroff's Pennsylvania appeals Opinions, orders and briefs from RS's fight against the MSA.
  • 06/15/98 Daily Digest of the Senate and House of Representatives GPO Access
  • S. 1415: Bill Summary & Status for the 105th Congress Latest Amendments/actions on "Tobacco Settlement bill" (Popular title). Thomas
  • AMENDMENTS for S.1415 Thomas
  • S.1415RS The National Tobacco Policy and Youth Smoking Reduction Act The "Final" (as of May 1, 1998) version, from the Senate Commerce committee site. Properly presented in all 4 formats--pdf, text, Wordperfect and Word.
  • 04/16/98 S.1414: Universal Tobacco Settlement Act (Placed in the Senate) The 11/8/97 McCain bill, at the Library of Congress, with lots of relevant links
  • 04/28/98 Legislation Before the Committee on Commerce, Science, and Transportation Includes Amendments to S.1414, plus a FAQ on the bill.
  • 04/04/98 THE PROPOSED TOBACCO SETTLEMENT: ISSUES FROM A FEDERAL PERSPECTIVE The Congressional Budget Office Report
      This Congressional Budget Office (CBO) paper--prepared at the request of the Assistant Majority Leader of the Senate--examines the settlement's potential impacts on consumers and the industry. The reduction in cigarette consumption and the amount of payments by the industry are estimated under various assumptions regarding increases in the price of cigarettes and the response by smokers to those price hikes.

  • 03/30/98 DOCUMENT: The Economic Costs of Smoking in the United States and the Benefits of Comprehensive Tobacco Legislation Treasury Department pdf file.

  • 9/22/97Competition and the Financial Impact of the Proposed Tobacco Industry Settlement
    The FTC Report, in Word Perfect or Adobe Acrobat format.

  • 06/27/97 TRANSCRIPT of Senate Hearing on Settlement, Thursday, June 26, 1997 [LINK DEAD 06/28/97; Will Be Posted Shortly] Federal News Service. Chair: Hatch; Witnesses: MISS. AG Moore, Koplow of Wachtell, Lipton, Rosen and Katz Matthew Myers of TFK
  • 06/26/97 Prepared Statement of Meyer G. Koplow Wachtell, Lipton, Rosen & Katz before the Senate Judiciary Committee Thursday, June 26, 1997 Federal News Service

  • 12/12/97 EDITORIAL: Splitting Smoke Washington Post
      The line is already forming at the teller's window, and there's more than a little shoving involved. . . The public policy questions involved may turn out to be easier to solve than it will be to satisfy the personal and institutional greed that the prospect of a settlement -- a k a the honey pot -- has already loosed.

    House COMMERCE Committee HearingsDecember 8,9, 1997

  • 02/11/98 Legislative Proposals/Bills Relating to the Proposed Resolution Brown & Williamson has a nice overview of pending actions. They also have an easily navigable version of the June 20, 1997 Settlement Proposal

  • HOUSE Committee on Commerce Website Tobacco hearings focus
  • 12/10/97 Congress Warned of Black Market Risk if it Boosts Cigarette Prices Too High The Wall Street Journal (pay registration)
      The group, including representatives of the Royal Canadian Mounted Police and the U.S. Bureau of Alcohol, Tobacco and Firearms, testified that Canada's experience doubling cigarette prices from 1984 to 1993 held cautionary lessons for Congress as it considers steps to fight underage smoking. Smuggled cigarettes from the U.S. poured across the border, undercutting the goal of reducing tobacco consumption, the witnesses said. . . a U.S. law-enforcement official testified that other components of the proposed settlement -- including education, law-enforcement efforts and the lack of a sudden, dramatic price increase -- might actually prevent development of a black market.
  • 12/10/97 Congress Addressed on Cigarettes AP Washington Post
  • 12/10/97 Black Female Students Found to Smoke Far Less than Whites The New York Times
      The expert, Michael Eriksen of the Federal Centers for Disease Control and Prevention, testified that a survey in 1995 showed that while 40 percent of white female high school students smoked, only 12 percent of black female students did. . . "White and American Indian girls described smoking as empowering, particularly in relation to males," Eriksen said. But he added that black girls "held extremely negative views of smoking," and "they believed that smoking would compromise their future and mess up their lives." Eriksen noted that unlike white teen-agers, black and Hispanic females often also believed that smoking was disrespectful to their parents.
  • 12/09/97 The Paducah Shootings: Reaction in Washington Lexington (KY) Herald Leader
      "I think it goes without question that everyone involved in this (tobacco) issue is rightfully concerned about teen-age smoking," said Whitfield, R-Hopkinsville, who represents Paducah as well as much of tobacco-rich Western Kentucky. "But I would also say that this is an unprecedented assault on one industry," Whitfield said at a meeting of a House subcommittee on which he serves. "... I think attorney generals also have a responsibility to look at the movie industry.
  • 12/09/97 Pricing One Step in Anti-Smoke War AP Washington Post
      "There is no single magic bullet," said DePaul University psychology Professor Leonard Jason told the House Commerce subcommittee on health and environment. "The best approach is a combination of tools, including restricting access and advertising, school-based programs and price increases."
  • 12/09/97 States Urge Congress to KeepTobacco Dollars From HCFA The Wall Street Journal (pay registration)
      A fight is brewing over the spoils of tobacco legislation, with state officials calling on the Republican-controlled Congress to protect their share of billions of tobacco-industry dollars from federal bureaucrats. Florida Gov. Lawton Chiles, among others, asked the House Commerce Health and Environment Subcommittee to take action to ensure that states keep any money they receive under settlements with tobacco companies. Committee Chairman Mike Bilirakis (R., Fla.) has introduced a bill that would ban the federal government from claiming a share of states' tobacco settlements.

    Critiques & Analyses by major players


  • 02/02/26 State-by-State Settlement info From CTFK
  • 04/21/98 GARY BLACK ANALYSIS OF STATE OF TOBACCO
  • 04/08/98 CLINTON'S STATEMENT ON TOBACCO AP

  • 04/08/98 REMARKS BY STEVEN F. GOLDSTONE TO THE NATIONAL PRESS CLUB Full text
  • 04/07/98 Massive Immunity: Problems with the Senate Commerce Committee's National Tobacco Legislation Save Lives, Not Tobacco
      While this bill, S. 1415, raises the price of tobacco products higher than the deal and takes away some hurdles to FDA regulatory authority, it closely resembles the discredited industry deal and falls far short of the principles and goals of Save Laves, Not Tobacco and other public health and consumer groups. Most disturbing are the massive and unprecedented special protections from legal liability that the industry would be granted under the bill.

  • 12/16/97 Cigarette Wars: Smoke, Lies and CompromiseIn-depth look at 3 settlement issues. Philadelphia Inquirer
  • 03/06/98 Public Citizen's Tobacco Settlement Page PC's exceptional articles and analyses
  • 02/21/98 A Public Health Analysis of the Proposed Resolution of the United States Tobacco Litigation February 1998. Brion Fox, James M. Lightwood, Stanton A. Glantz. Institute for Health Policy Studies University of California San Francisco
  • 02/21/98 The Proposed Tobacco Settlement and Outlook for National Legislation: An Overview January 28, 1998. From the National Conference of State Legislatures
  • 09/26/98 Tobacco Industry Fake Grass Roots Campaign
      This is a copy of a mass mailing by Brown and Williamson that was received May 12 and provided to Public Citizen. The mailing contains exaggerated and inaccurate claims about price increases in tobacco products and pre-printed, addressed and stamped postcards to U.S. Senators (see below) in an effort to simulate a grass-roots campaign. Not only does the mailing contain overblown price claims, the mailing ignores the fact that price increases have a significant deterrent effect on smoking rates, particularly for younger smokers who have less disposable income. Furthermore, the mailing ignores the real reason Big Tobacco is worried about national legislation. They fear the speical legal protections contained in the McCain Bill, S.1415, will be removed by an amendment on the Senate floor.

  • Koop/Kessler Report The Kessler-koop Advisory Committee On Tobacco Policy And Public Health Released July 9, 1997. Campaign for Tobacco-Free Kids

  • 11/05/97 Koop-Glantz Letter October 20, 1997 letter from C. Everett Koop, MD to Stanton A. Glantz, Ph.D. on a national tobacco settlement, the Campaign for Tobacco Free Kids, and ENACT.
      You and I are on practically the same wavelength. . . I can't understand why the public health people are not carrying the carrot out further in front of the horse. They should be setting up a gold standard so that when that is compromised, as it will be, it might not fall any lower than the President's proposal.

  • 11/03/97 CONSTITUTIONAL ISSUES IN PROPOSED TOBACCO SETTLEMENT
    "American Cancer Society's Plan To Immunize Tobacco Industry"
    Document posted at Tobacco Industry Information WebSite
      The following document . . . was prepared by Hogan & Hartson (a Washington, DC law firm) and was sent to each member of Congress by the national office of American Cancer Society. This document advocates congressional action to PREEMPT numerous state consumer health protection laws in order to protect the tobacco industry from legal liability, as well as delineating complex preemption schemes that could survive constitutional challenges.
  • 11/04/97 American Cancer Society Response from Chuck Bridger, ACS
      The summary of the ACS's document "Constitutional Issues In Proposed Tobacco Settlement" . . totally mischaracterizes the American Cancer Society's position on the issue of preemption
      "The American Cancer Society believes that the Act must not set a ceiling on state and local tobacco control -- it need set only a floor."
      The ACS's position on preemption is consistent and well-settled: although the federal government should enact broad-based measures to effectively protect the public health from the harms of tobacco use, states and localities should be permitted and encouraged to enact measures that are more stringent than the federal standards.

  • 10/9/97 OPINION: The Tobacco Settlement David Kessler, New England Journal of Medicine
      The fate of the proposed tobacco settlement and, in turn, the health and longevity of generations of Americans now lie in the hands of the Congress. . . If we accept the proposed settlement in its current form, it will make some difference. But it will keep the industry booming and profitable at the expense of the nation's health. By focusing on the steps that we know will significantly reduce smoking, we will be protecting future generations from the spread of this addiction. And it can be done, if for once there is the national will to do so, without conceding an inch to the forces that have lied to, addicted, and killed Americans for years.

  • Here's the June 19 Nader Letter to CTFK, AMA, ACS, AHA Tobacco BBS
  • 06/24/97 Preliminary Analysis of the Tobacco Deal by Stanton Glantz Tobacco BBS
  • 06/27/97 How the Deal Stacks Up to Several Proposed Standards Glantz applies tobacco control groups' previously-stated guidelines to the settlement. Tobacco BBS
  • 06/27/97 Glantz Postings to his Maillist smokescreen.org
  • The KOOP/KESSLER REPORT from the Science and Policy Institute
  • 07/09/97 The KOOP/KESSLER REPORT--courtesy ASH. John Banzhaf has also posted some Appendices and a List of Cmte Members
    Important Contacts
  • Stateline.org 2/4/99
  • Settlement Scorecard Who's for it, who's against it.
  • Sen. John McCain (R-AZ)
  • Sen. Trent Lott (R-MS)
  • Sen. Mitch McConnell (R-KY)
  • Sen. Thomas A. Daschle (D-SD)
  • Sen. Richard Durbin (D-IL)
  • Sen. Orrin G. Hatch (R-UT)

  • House Of Representatives House.gov

  • Rep. Deborah Pryce (R-OH)
  • Rep. Dick Gephardt (D-MO)
  • Philip Morris is running ads encouraging people to contact their senators through an 800 number: 1-800-343-3222. You may speak your own mind, and sign up for PM's mailing list.
  • 07/11/98 WASHINGTON: Tobacco Litigation WA AG Christine Gregoire's site

    News Sites

  • News on the Web, May, June1997--Settlement Talks previous to June 20 announcement of agreement Tobacco BBS
  • News on the Web, June, 1997--Settlement News from the June 20, 1997 announcement forward Tobacco BBS

  • 12/16/97 Cigarette Wars: Smoke, Lies and CompromiseIn-depth look at 3 settlement issues. Philadelphia Inquirer
  • 06/21/97 TOBACCO: On Trial Washington Post's tobacco page, with organized compilation of their stories, links to source documents, more settlement news, etc.

    News Items

  • 01/08/13 Health Programs Benefit from Tobacco Settlement National Conference of State Legislatures (NCSL).
      The largest portion of tobacco settlement revenues received by states has gone for Health services, according to a new report from the National Conference of State Legislatures (NCSL). Released today at a news conference at NCSL's Annual Meeting in San Antonio, State Management and Allocation of Tobacco Settlement Revenue - 1999 to 2001 shows that the largest single beneficiary of the tobacco settlement windfall has been health care. Smoking prevention and cessation, Medicaid, children's health insurance and pharmaceutical assistance programs have all seen increased appropriations over the past three years as a result of the Master Settlement Agreement. "Under the tobacco settlement agreement, states have been given a great deal of flexibility in how they use their revenue," said Lee Dixon, director of NCSL's Health Policy Tracking Service. "Right now, it is clearly obvious that states are committed to improving the quality and access of the healthcare programs that they offer." One of the programs that has seen a large increase in spending has been smoking cessation and prevention programs. [All 5%--gb]


  • 01/03/15 Tobacco cash may plug budget holes MSNBC
      As the economy continues to slow, some states are turning to the billions of dollars they won in a 1998 settlement with the tobacco industry to plug holes in their budgets. The tobacco money is paying for everything from education to flood control while anti-smoking programs, which some envisioned as the best use of the funds, are being trimmed. ON APRIL 15, state treasurers get a timely reminder of how important the tobacco kitty is when the cigarette industry makes its annual payment of approximately $3.5 billion to the 46 states who reached an out-of-court settlement of litigation in 1998. The settlement will produce hundreds of billions of dollars for state treasuries in perpetuity. . .
      Click on the map to find out what amount of tobacco settlement money is available to states in fiscal year 2001.
      Washington
      Tobacco settlement $ available in FY2001: 168 million
      FY 2001 general fund spending: 10.6 billion
      Tobacco $ as % of state general fund spending: 1.6


    This document's URL is: http://www.tobacco.org/News/settlementresources.html


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  • ©1998 Gene Borio, Tobacco BBS (212-982-4645). WebPage: http://www.tobacco.org).Original Tobacco BBS material may be reprinted in any non-commercial venue if accompanied by this credit

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