TO MONTANA CONSUMERS
June 16, 2017
MASTER SETTLEMENT AGREEMENT (MSA) DECEPTIVE ADVERTISING SCAM
The Tobacco Enforcement Program of the Montana Attorney General’s Office warns Montanans of the existence of an online promotion that misleads consumers into believing they are eligible to receive tobacco settlement monies.
The advertisements promote claims that individuals can sign up to receive thousands of dollars per month from the MSA. The advertisement, which promises a tax-free portion of the MSA, misleads consumers into believing they are eligible for guaranteed money backed by the government. The reality is that at the end of the promotion the consumer is prompted to purchase a monthly subscription in order to learn more about how to receive these funds. These funds are in effect generated by purchasing tobacco related bonds. Consumers are warned that once the subscription is paid for by a credit card, it may be difficult to cancel the subscription and receive a refund.
In 1998, the MSA was signed by the four largest U.S. tobacco companies, 46 states, five territories, and the District of Columbia. The settlement resolved several lawsuits against the tobacco industry for tobacco-related health care costs. Despite the online promotion’s assertions, there is no mechanism or fund for private citizens to apply to the state of Montana to receive MSA payments.
If there are any questions, please contact the Tobacco Enforcement Program Staff at (406) 444-5858 or [email protected]
The sale of tobacco products is a heavily regulated business in Montana. Wholesalers and retailers of tobacco products must comply with a variety of laws administered by several different agencies, the Department of Justice, Department of Revenue, and Department of Public Health and Human Services.
Only those tobacco products listed on the Tobacco Product Directory may be sold in Montana. It is unlawful to sell, stamp for sale, offer for sale or possess for sale in Montana any cigarette, roll-your-own tobacco (including make-your-own, stuff-your-own, etc.) unless it is listed on the Tobacco Product Directory. The Office of the Attorney General maintains a directory of tobacco products (cigarettes and roll-your-own) and manufacturers that are fully compliant with Montana law. Only those brands and brand families of cigarettes and roll-your-own that are listed in the Tobacco Product Directory can legally be stamped for sale, offered for sale, possessed for sale or sold in Montana.
Only cigarettes certified as fire safe by the State Fire Marshal may be sold in Montana. See Fire Safety Standards for Cigarettes. Businesses selling tobacco products in Montana must be licensed and pay tobacco taxes on the products they sell. The Department of Revenue administers the laws related to wholesaler and retailer licensing and taxation of tobacco products.
Directory of Tobacco Products (Cigarettes and Roll-Your-Own) Approved for Stamping or Sale, organized by:
- Brand Families
- Non-Participating Manufacturers
- Participating Manufacturers
- Recent Additions and Deletions to the Tobacco Directory
- Notice of Intent to Remove Brand Families or Manufacturers (June 28, 2017)
- Notice of Transfer of Brand (November 8, 2017)
Little Cigars – The Department of Revenue has adopted rules that classify certain “little cigars” as cigarettes for tax purposes. For more information, see Classification of Certain “Little Cigars” as Cigarettes. Little cigars that are treated as cigarettes for tax purposes may be sold even though they are not listed on the directory at this time.
Penalties – Any Montana licensed wholesaler who sells, stamps for sale, possesses for sale or offers to sell a brand that is not listed on the directory is subject to the penalties detailed in 16-11-509 of the Montana Code Annotated, up to and including: license revocation, seizure, forfeiture and destruction of contraband products, and loss of any profits or gain from a violation.
The notices listed below are retained for historical purposes of notifications to wholesalers and retailers of tobacco products of the changes to statutes and administrative rules.
- December 10, 2015 – Notice to All Montana Licensed Tobacco Retailers regarding “alternative nicotine products” and “vapor products”
- May 6, 2005 – Notice to Retailers announcing amended statute requiring retailer reporting of roll-your-own on which tax has not been paid by the wholesaler.
- June 28, 2004 – Notice to Wholesalers announcing new administrative rules regarding reporting requirements, in particular ARM 23.18.207-209.
- April 25, 2003 – Notice to Wholesalers announcing Tobacco Directory and website pursuant to 2003 Mont. Laws Ch. 397.
Tobacco Product Reporting
Montana-licensed wholesalers and retailers that purchase cigarettes and roll-your-own directly from the manufacturer must file a report listing the tobacco products stamped or sold each month with the Attorney General’s Office. The wholesaler report must be received by the Attorney General’s Office no later than the 15th of each month. A late fee is assessed for each report that is not filed by the 20th day of each month. This quick reference guide should assist the prospective and newly Montana-licensed wholesaler with tobacco product reporting. The July 1, 2007, Department of Revenue rule does not change the requirements for reporting little cigars to the Attorney General’s Office.
- Montana Licensed Wholesaler Reporting Form and Instructions
- Tobacco Wholesaler Contact Information Form
Participating Manufacturer Reporting – Section 16-11-503 of the Montana Code Annotated requires Participating Manufacturers (PMs) to certify by April 30 each year that they are a PM and provide a list of their brand families.
Non-Participating Manufacturer Reporting – Section 16-11-503 of the Montana Code Annotated requires Non-Participating Manufacturers (NPMs) to certify by April 30 each year that they are an NPM in full compliance with 16-11-403 and provide a list of their brand families. Some NPMs are required to pay escrow payments in quarterly installments and certify their compliance with Montana law quarterly.
- Appointment of Registered Agent for State of Montana and Registered Agent’s Statement
- Certificate of Escrow Deposit by Non-Participating Manufacturers (2017)
- Certificate of Escrow Deposit by Non-Participating Manufacturers (2016)
- Quarterly Certificate of Escrow Deposit by Non-Participating Manufacturers and Instructions
- Escrow Agreement
Laws & Regulations
Montana’s Tobacco Products Reserve Fund:
Montana filed suit against “Big Tobacco” in May 1997 and the state was part of the national settlement reached by the attorneys general in November 1998. The state regularly receives payments as part of the Master Settlement Agreement (MSA). Prior to 2001, tobacco industry payments went directly into Montana’s general fund and were allocated by the legislature.
In November 2000, Montana voters approved Constitutional Amendment 35, which dedicated at least 40 percent of the tobacco settlement to a permanent, income-producing trust fund. Of the interest earned by this trust fund, 90 percent must be used for health care benefits, services, education programs and tobacco disease prevention. The remaining 10 percent is reinvested in the trust fund. From fiscal year 2001 to 2003, the larger share of the tobacco payments (60 percent) was deposited in the general fund and appropriated by the legislature.
Under Initiative 146 approved by voters in November 2002, and subsequent legislative changes in 2003, Montana’s tobacco settlement money is now distributed as follows:
- 40 percent – Tobacco Trust Fund
- 32 percent – Tobacco prevention/cessation and human service programs
- 17 percent – Children’s Health Insurance Program, Comprehensive Health Association programs and Medicaid matching funds
- 11 percent – General fund
Settlement Payments – Tobacco manufacturers that participated in the Master Settlement Agreement have made the following payments to the state of Montana. Payments received to date:
- 12/14/99 – $10,487,422.74
- 12/31/99 – $ 9,135,039.11
- 04/17/00 – $15,138,724.08
- 01/02/01 – $ 9,297,124.66
- 04/16/01 – $17,048,116.69
- 04/25/01 – $ 256,941.21
- 06/21/01 – $ 24,692.41
- 11/16/01 – $ 210,696.72
- 12/31/01 – $ 8,257,042.89
- 01/10/02 – $ 2,401.51
- 04/16/02 – $21,901,678.21
- 04/23/02 – $ 707,199.00
- 12/31/02 – $ 6,811,769.52
- 01/10/03 – $ 2,274,805.80
- 04/15/03 – $ 21,724,541.34
- 06/30/03 – $ 354,901.76
- 10/06/03 – $ 268,019.99
- 04/19/04 – $26,404,053.57
- 08/27/04 – $ 296,358.59
- 04/15/05 – $25,834,420.03
- 04/19/05 – $ 939,924.84
- 10/04/05 – $ 304,110.38
- 04/17/06 – $23,092,465.13
- 04/19/06 – $ 1,454,457.08
- 12/21/06 – $ 227,943.54
- 04/16/07 – $23,981,410.74
- 04/18/07 – $ 1,601,193.76
- 06/04/07 – $ 200,960.64
- 04/15/08 – $33,098,176.59
- 04/17/08 – $ 1,516,098.70
- 03/12/09 – $ 2,296,450.32
- 04/15/09 – $34,940,252.51
- 04/17/09 – $ 287,016.00
- 04/19/10 – $24,157,976.81
- 04/17/10 – $ 7,374,961.43
- 04/15/11 – $22,903,746.79
- 04/19/11 – $ 6,721,153.12
- 04/16/12 – $23,357,639.51
- 04/18/12 – $ 6,845,096.19
- 04/15/13 – $23,343,132.88
- 04/17/13 – $ 6,851,157.74
- 04/16/14 – $31,943,687.08
- 04/17/14 – $ 1,198,048.01
- 04/15/15 – $20,270,649.46
- 04/17/15 – $ 5,660,483.37
- 04/29/15 – $ 3,000,081.93
- 05/13/15 – $ 387,303.95
- 04/18/16 – $30,649,504.33
- 04/20/17 – $30,304,045.48
The payment figures do not include:
- Payments into the Disputed Payments Account (DPA);
- Payments to the Truth Initiative (formerly known as the American Legacy Foundation);
- Payments made to the Previously Settled States (PSS);
- Payments made under the Smokeless Master Settlement Agreement; or
- Any other payments.
Financial Recovery for the States
- Requires industry payments to the states in perpetuity, with payments totaling $206 billion through the year 2025.
- Montana is slated to receive approximately $832 million through the year 2025 under this portion of the agreement.
- Requires the companies to pay $861 million into a strategic contribution fund from April 2008 through April 2017, with the funds distributed to states based on a formula that reflects the contribution each state made toward resolving its individual lawsuit against the tobacco companies.
- Montana is scheduled to receive an additional $90 million from this fund.
Truth Initiative (formerly known as The Foundation)
- Requires the tobacco industry to pay $25 million each year for 10 years to fund a charitable foundation that will support the study of programs to reduce teen smoking and substance abuse and the prevention of diseases associated with tobacco use.
- Requires the tobacco industry to fund a $1.45 billion national public education fund for tobacco control. The Truth Initiative began operation as the American Legacy Foundation in March 1999. For more information, visit the Truth Initiative’s website at http://truthinitiative.org/.
- Prohibits the use of cartoon characters in advertising, promoting, packaging or labeling tobacco products.
- Prohibits targeting youth in advertising, promotions or marketing.
- Requires the tobacco industry to identify ways to reduce youth access to and consumption of tobacco.
- Bans all outdoor tobacco product advertising, including billboards, signs and placards in arenas, stadiums, shopping malls and video game arcades.
- Limits advertising outside retail establishments to 14 square feet.
- Allows states to substitute, for the duration of billboard lease periods, alternative advertising that discourages youth smoking. In Montana, one Phillip Morris tobacco billboard was replaced with alternative advertising under the terms of the agreement. In addition, Lamar Outdoor Advertising of Billings donated another 10 billboards for anti-tobacco advertising.
- Bans distribution and sale of apparel and merchandise—such as caps, T-shirts and backpacks—that contain brand-name logos.
Product Placement and Sponsorship
- Bans payments to promote tobacco products in movies, television shows, theater productions or live performances, live or recorded music performances, videos and video games.
- Prohibits brand-name sponsorship of events with a significant youth audience or team sports, such as football, basketball, baseball, hockey or soccer.
- Bans tobacco brand names for stadiums and arenas.
- Limits tobacco companies to one brand-name sponsorship per year, after current contracts expire or after three years, whichever comes first.
- Bans free samples except in a facility or enclosed area where the operator ensures no underage person is present.
Gifts Based on Purchases
- Bans gifts without proof of age.
Dissolution of Tobacco-Related Organizations
- Disbands the Council for Tobacco Research, the Tobacco Institute, and the Council for Indoor Air Research.
- Provides regulation and oversight of new trade organizations.
- Provides court jurisdiction for implementation and enforcement.
- Imposes monetary, civil contempt, or criminal sanctions on any party found in violation of the court enforcement orders.
- Allows settling Attorneys General access to company documents, records and personnel to enforce the agreement.
- Directs the industry to pay $50 million to assist settling states in enforcing and implementing the agreement and to investigate and litigate potential violations of state tobacco laws.
- Prohibits tobacco companies from opposing proposed state or local laws or administrative rules intended to limit youth access to and consumption of tobacco products.
- Requires industry lobbyists to certify in writing that they have reviewed and will comply with the settlement terms.
Minimum Pack Size
- Limits minimum pack size to 20 cigarettes through Dec. 31, 2001.
- Prohibits tobacco companies from opposing state legislation that bans the manufacture and sale of packs containing fewer than 20 cigarettes.
Prohibition on Agreements to Suppress Research
- Prohibits the industry from making any material misrepresentation about the health consequences of smoking.
- Prohibits manufacturers from jointly contracting or conspiring to: limit information about the health hazards from the use of their products; limit or suppress research into the marketing or development of new products; or limit or suppress research into smoking and health.
Public Access to Documents and Court Files
- Requires tobacco companies to open a website that includes all documents produced in state and other smoking and health-related lawsuits. The industry must maintain the site for 10 years in a user-friendly format.