Enforcing the Settlement Agreement Provisions

The Utah Attorney General's Office is charged with the following:

  • Monitoring compliance of the economic provisions under the MSA, including the receipt of Utah's annual payments.
  • Enforcing the MSA prohibitions on tobacco advertising, promotions, sponsorships, and other marketing practices.
  • Defending the State and the MSA against court challenges.
  • Advising retailers and county attorneys regarding enforcement of tobacco laws.
  • Coordinating with the Utah Department of Health and the Utah State Tax Commission on tobacco enforcement matters.

 

Master Settlement Agreement Restrictions on Tobacco Manufacturers

Provisions to Prevent Target Marketing of Youth

  • Bans cartoons in the advertising, promotion, packaging, or labeling of tobacco products.
  • Prohibits targeting youth in advertising, promotions or marketing.
  • Forbids industry actions aimed at initiating, maintaining or increasing youth smoking.
  • Bans tobacco brand name merchandise
  • Prohibits the giving of proof-of-purchase gifts to underage persons.
  • Forbids free samples except in a facility or enclosed area where the operator ensures no underage person is present.
  • Limits minimum pack size to 20 cigarettes through December 31, 2001.
  • Prevents tobacco companies from opposing state legislation which bans the manufacture and sale of packs containing fewer than 20 cigarettes.
  • Establishes a national foundation dedicated to reducing youth smoking.
  • Provisions to Restrict Advertising
  • Bans all outdoor advertising, including billboards, signs and placards in arenas, stadiums, shopping malls and video game arcades.
  • Limits advertising outside retail establishments to 14 square feet.
  • Prohibits transit advertising of tobacco products.
  • Forbids payments to promote tobacco products in movies, television shows, theater productions or live performances, live or recorded music performances, videos and video games.
  • Bans brand name sponsorship of events with a significant youth audience or team sports (football, basketball, baseball, hockey, or soccer).
  • Prohibits sponsorship of events where the paid participants or contestants are underage.
  • Limits tobacco companies to one brand name sponsorship per year (after current contracts expire or after three years, whichever comes first).
  • Prohibits tobacco brand names for stadiums and arenas.
  • Forbids material misrepresentations of fact regarding the health consequences of using any tobacco product.

 

Provisions to Ensure Public Access to Documents and Court Files

  • Requires tobacco companies to open, at their expense, a Web site, which includes all documents, produced in state and other smoking and health related lawsuits.
  • Requires the industry to maintain the site for ten years in a user-friendly and searchable format.
  • Requires the industry to add, at its expense, all documents produced in future civil actions involving smoking and health cases.

 

Provisions to Restrict Lobbying Efforts

  • Disbands the Council for Tobacco Research, the Tobacco Institute and the Council for Indoor Air Research.
  • Prohibits tobacco companies from opposing proposed state or local laws or administrative rules that are intended to limit youth access to and consumption of tobacco products.
  • Requires tobacco company lobbyists to certify in writing they have reviewed and will fully comply with settlement terms, including disclosure of financial contributions regarding lobbying activities and new corporate culture principles.
  • Prohibits lobbyists from supporting or opposing state, federal, or local laws or actions without authorization of the companies.

 

For more information on these provisions, or to report a violation, please contact Assistant Attorney General Kathy Kinsman at (801) 366-0353.