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States tackle deep discount cigarettes: cheap cigarettes have undercut the major tobacco companies and their ability to make payments to states under the master tobacco settlement agreement.


Because they're they're  

Contraction of they are.

they're be
 cheaper--$12.99 to $13.50 per carton, compared with Marlboros at $22.99 or Camels at $24-deep discount cigarette brands have cornered an estimated 10 percent to 15 percent of the U.S. market.

This is not good news for states relying on tobacco settlement money from the major manufacturers. The settlement allows cigarette companies to reduce payments if they lose market share.

Payments to states fell to 85 percent of the projected total in 2001 and to 81 percent in 2002, partially due to the encroachment An illegal intrusion in a highway or navigable river, with or without obstruction. An encroachment upon a street or highway is a fixture, such as a wall or fence, which illegally intrudes into or invades the highway or encloses a portion of it, diminishing its width or area, but  of these "fourth tier" and "taste-a-like" brands.

Off brands such as Cowboy cowboy

Horseman skilled at handling cattle in the U.S. West. From c. 1820, cowboys were employed in small numbers on Texas ranches, where they had learned the skills of the vaquero (Spanish: “cowboy”).
, Santelmos, Lobos, Durants and Marathons undercut undercut,
n 1. the portion of a tooth that lies between its height of contour and the gingivae, only if that portion is of less circumference than the height of contour.
2.
 the prices of major brands, such as Winston Winston is a name deriving from Old English wynnstān, meaning "pleasant stone". Places
Winston is the name of several places in England:
  • Winston, County Durham
  • Winston, Suffolk
- and in the United States of America:
 or Marlboro. This was partially because their manufacturers didn't participate in the lawsuits filed to recoup recoup

To sell an asset at a price sufficient to recover the original outlay or to offset a previous loss.
 taxpayer money spent treating tobacco-related illnesses. When those settlements were reached, major brand prices increased 40 cents a pack or $4 a carton. Cigarette makers who didn't participate immediately gained a substantial price advantage.

But the tobacco settlements do require off-brand manufacturers to pay into escrow escrow

Instrument, such as a deed, money, or property, that constitutes evidence of obligations between two or more parties and is held by a third party. It is delivered by the third party only upon fulfillment of some condition.
 accounts in each state where their products are sold. The escrow payments Escrow payment is the common term referring to the portion of a mortgage payment that is designated to pay for real property taxes and hazard insurance. It is an amount "over and above" the principal and interest portion of a mortgage payment.  offset some of the price advantage and establish funds that can be used to cover settlement costs should someone sue them in the future.

Many makers, however, have exploited a number of loopholes to avoid payments or remove escrow contributions soon after deposit. One method of setting the per pack contribution to a state escrow fund is based on previous year's sales. Some manufacturers have dodged this by changing the names of their brands every year, says Wade Hope, an attorney with the Alabama Alabama, indigenous people of North America
Alabama (ăləbăm`ə), indigenous people of North America whose language belongs to the Muskogean branch of the Hokan-Siouan linguistic stock (see Native American languages).
 Department of Revenue. The National Association of Attorneys General The National Association of Attorneys General (NAAG) is an organization in the United States of U.S. state Attorneys General which, according to the organization itself, "  estimates that states lost $450 million from the $5.2 billion payment for April 2003.

Policymakers are taking steps to make sure manufacturers of discount cigarettes follow the law.

Thirty-five states have set up directories of cigarette brands approved for sale. Only cigarettes whose manufacturers are legally making settlement payments or putting money into an escrow account are listed. Brands skirting skirt  
n.
1. The part of a garment, such as a dress or coat, that hangs freely from the waist down.

2. A garment hanging from the waist and worn by women and girls.

3.
 the requirements are considered contraband contraband, in international law, goods necessary or useful in the prosecution of war that a belligerent may lawfully seize from a neutral who is attempting to deliver them to the enemy. , cannot be sold and can be confiscated con·fis·cate  
tr.v. con·fis·cat·ed, con·fis·cat·ing, con·fis·cates
1. To seize (private property) for the public treasury.

2. To seize by or as if by authority. See Synonyms at appropriate.

adj.
.

Eighteen states have passed laws designed to increase the cost of the off-brand cigarettes and close loopholes in escrow account requirements. Alabama, for one, has added $3.90 per carton that cigarette companies must put in escrow for future health-related judgements.

Minnesota used a 35 cents a pack tax to increase the cost of cigarettes produced by manufacturers who have not entered into a settlement agreement with the state. The fee will be used to offset health-related costs of cigarettes and to prevent the sale of low priced brands that encourage smoking by minors.

An amendment to state statutes that corrects language allowing nonparticipating nonparticipating

1. Of, relating to, or being a class of preferred stock that does not have the right to participate with common stock in earnings growth through increases in dividends. Nearly all preferred stock issues are nonparticipating.
 manufacturers to obtain a release on their escrow deposits has been adopted by 15 states.

Lawmakers hope the price increases in the cheaper brands will increase market share of name brands. That will increase settlement amounts those companies pay or at least stop the erosion of payments. And theoretically it will lead to a decrease in smoking, since higher prices have been tied to decreases in demand.
LOST REVENUE

Estimated reduction in tobacco settlement
payments caused by increased sales of
off-brands.

State                      Amount in millions

Alabama                           $7.2
Alaska                             1.5
Arizona                            6.6
Arkansas                           3.7
California                        57.4
Colorado                           6.2
Connecticut                        8.4
Delaware                           1.8
Georgia                           11.0
Hawaii                             2.7
Idaho                              1.6
Illinois                          20.9
Indiana                            9.2
Iowa                               3.9
Kansas                             3.8
Kentucky                           7.9
Louisana                          10.1
Maine                              3.5
Maryland                          10.2
Massachusetts                     18.2
Michigan                          19.6
Missouri                          10.2
Montana                            1.9
Nebraska                           2.7
Nevada                             2.7
New Hampshire                      3.0
New Jersey                        17.4
New Mexico                         2.7
New York                          57.5
North Carolina                    10.5
North Dakota                       1.6
Ohio                              22.7
Oklahoma                           4.7
Oregon                             5.2
Pennsylvania                      25.9
Rhode Island                       3.2
South Carolina                     5.3
South Dakota                       1.6
Tennessee                         11.0
Utah                               2.0
Vermont                            1.9
Virginia                           9.2
Washington                         2.2
West Virginia                      4.0
Wisconsin                          9.3
Wyoming                            1.1


RELATED ARTICLE: States list cigarettes approved for sale.

Thirty-five states have set up directories of cigarette brands approved for sale. Only manufacturers who are legally making settlement payments or putting money into an escrow account get their cigarettes on the list. Brands skirting the requirements are considered contraband and cannot be sold.
COPYRIGHT 2004 National Conference of State Legislatures
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2004, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Author:Gordon, Dianna
Publication:State Legislatures
Geographic Code:1USA
Date:Jan 1, 2004
Words:745
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