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Tobacco master settlement agreement in the USA
Chaima Dhib
Emna Drira
Yassin Brahim
26 October 2018
The adoption of tobacco MSA
private lawsuits before the settlement
The adoption of tobacco MSA
Definition of tobacco MSA
Private lawsuits before the settlement
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 relationship between smoking and cancer.
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.
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State litigation : Triggers of MSA
State litigation
In the mid 1990s, more than 40 states commenced litigation against the tobacco industry, seeking monetary, equitable, and injunctive relief
under various consumer-protection and antitrust laws.
The first was declared in May 1994 by Mississippi Attorney General Mike Moore.
As Moore declared, "'[The] lawsuit is premised on a simple notion: you caused the health crisis; you
pay for it.'"
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Definition of MSA
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 cigarette manufacturers in America concerning the advertising, marketing and promotion of cigarettes.
Moreover, to requiring the tobacco industry to pay the settling states billions of dollars annually forever, the MSA also imposed restrictions on the sale and marketing of cigarettes by participating cigarette manufacturers.
Video:
https://www.youtube.com/watch?v=VtnIz6qDQvc
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Actions
The MSA restricts specific cigarette manufacturer conduct, , creates a national tobacco control foundation, and dismantles several tobacco industry initiatives:
• It imposes significant prohibitions and restrictions on tobacco advertising,
marketing and promotional programs or activities.
• It prohibits certain practices that seek to hide negative information about smoking,
Actions
•It creates a tobacco prevention foundation and disbands tobacco-industry initiatives.
•It requires the Participating Manufacturers to make available online the nonprivileged documents they disclosed during the discovery phase of the tobacco litigation.
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Role
To date, the participating states have received more than $50 billion due to the MSA
MSA has succeeded in its basic goal of reducing cigarette smoking in
the United States; it has
at an unusual rate since the MSA was executed.
Youth smoking has declined even more
Cigarette consumption in the United States is currently
at its lowest level since 1951 even though population has more than doubled since then.
Per capita consumption has not been this low since the 1930s
The money also funds a new anti-smoking advocacy group, called the Truth Initiative, that is responsible for many other campaigns like Truth.
The settlement also dissolved the tobacco industry groups Tobacco Institute, the Center for Indoor Air Research, and the
Council for Tobacco Research.
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Refences
Refrences
https://ppp.worldbank.org/public-private-partnership/fran%C3%A7ais/accords/principales-caract%C3%A9ristiques-des-syst%C3%A8mes-de-%C2%AB-common-law-%C2%BB-et-de-droit-civil/princ
http://www.naag.org/publications/naagazette/volume_1_number_2/the_abcs_of_the_tobacco_master_settlement_agreement.php?fbclid=IwAR1WCmy31IV8Ev6mQpPd9_A0XndtSDUx1NZnokpmu2IwI6CrXbWFqrQ24QI
http://www.naag.org/publications/naagazette/volume_1_number_2/the_abcs_of_the_tobacco_master_settlement_agreement.php?fbclid=IwAR02c613r6M-r91staMfbFtZIuS7tb7wv1AW_bntPBD5ZRbdp6oM58XigtY
https://en.wikipedia.org/wiki/Tobacco_Master_Settlement_Agreement
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