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Tobacco MSA (New York) : ウィキペディア英語版
Tobacco MSA (New York)

The Tobacco MSA with New York is the particular version of the Tobacco MSA that was signed in New York City was enabled by means of legislation of New York State, and has been interpreted since then in New York State courts.
==Master settlement agreement==
In 1997, the State, City, and the counties of New York filed suit against the country's major cigarette manufacturers.〔See State v. Philip Morris, Inc., 179 Misc. 2d 435, 686 N.Y.S.2d 564 (N.Y. Sup. Ct. 1998) ()〕 The action sought to recover damages related to the costs borne by these various political units of treating smoking-related illnesses and to impose restrictions on the cigarette manufacturers' sales, marketing, advertising, and disclosure practices. Similar actions were brought by 45 other states. These lawsuits were settled by execution of the MSA in November 1998. The settlement of the New York lawsuit was approved by the Supreme Court of New York in a consent decree signed on December 23, 1998.〔See 179 Misc.2d at 451.〕
The MSA was initially executed by the four dominant (alleged to account for 98% of cigarette sales at the time) cigarette manufacturers, Philip Morris, Lorrilard Tobacco, Brown & Williamson, and R.J. Reynolds (the "Original Participating Manufacturers, or "OPMs"), and by forty-six states (including New York), the District of Columbia, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands (the "Settling States"). Thirty-three additional, and smaller, tobacco companies (the "Subsequent Participating Manufacturers" ("SPMs"), or, together with the OPMs, the "Participating Manufacturers ("PMs")) became parties to the MSA.
In general, the MSA imposes numerous restrictions and requirements in connection with the PMs' sales, marketing, advertising, lobbying, research, education, and disclosure practices.〔See MSA at 15-37〕 It also requires annual payments by the OPMs to the Settling States,〔Receipt of settlement payments is allocated among the Settling States pursuant to a protocol set forth in Exhibit U to the MSA.--see MSA at 46-48,〕 and releases the PMs from future claims by the Settling States.〔see MSA at 11-12, 93-101〕 Any non-participating cigarette manufacturer ("Non-Participating Manufacturer," or "NPM") may become a SPM by signing the MSA and making the payments that would have been due had it been a signatory as of the MSA execution date.〔MSA at 9, 13.〕
The OPMs' overall annual payment obligation is specified in the MSA: The nationwide base payments begin at $ 4.5 billion for the year 2000 and gradually increase to $9 billion in the year 2018 and each year thereafter.〔See MSA at 47-48.〕 This obligation is allocated among the OPMs in accordance with their relative market shares.〔See MSA at 48.〕 Annual payments to the Settling States are to be adjusted according to changes in the overall volume of cigarette sales.〔See MSA at 48 & Exhibit E.〕 A significant reduction in sales will therefore lead to a reduction in payments and state revenue.

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