It is likely that some awards will be reduced and others may be rescinded, but the total number of awards will continue to grow unless the tobacco industry can convince Congress to grant it immunity. The only judgment obtained so far by the Supreme Court (the Florida Grady case) was upheld and the defendant tobacco group paid the damages awarded by the jury. New litigation continues to be filed and the scope of litigation is further expanded (including cases concerning the misleading nature of “light” and “soft” cigarettes); As a result, the total damage assessed to the tobacco industry is unknown but increasing. For these reasons, the MSA is stronger than global regulation when it comes to increasing accountability to the tobacco industry. Fellows at the Cato Institute, such as Robert Levy, say the complaint that reported the tobacco comparison was triggered by the need to make payments to Medicaid recipients. Following the passage of laws that removed tobacco companies` ability to present evidence of their defence in court, tobacco companies were forced to reach an agreement. The big four tobacco companies agreed to pay several billion dollars to state governments, but the government in turn had to protect the big four tobacco companies from competition. According to them, the Master Settlement Agreement created an unconstitutional unconstitutional agreement that benefited both the government and the large tobacco group.   The transaction allowed the tobacco industry to be immune from future public and federal lawsuits, but the agreement did not specify how states should spend the money. In retrospect, Moore remembers that it was a long slog. The most recent data available on ADM expenditure in all States (2006) broadly confirm the above patterns.
As shown in Table 1, tobacco control expenditures represent a small fraction of total ASM expenditure in most countries. 15 countries (Arizona, California, Colorado, Connecticut, Massachusetts, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee and Wisconsin) do not spend MSA funds on tobacco control. Health expenditure and “general” expenditure (including education and social affairs) account for most of MSA expenditure. Given the national economic difficulties and political difficulties that states face in cutting budgets and/or raising taxes, it is not surprising that many states have used ASM funds to fill budget deficits. It should be noted that two of the largest states (California and New York) securitized all their MSA funds for 2006. (It should be noted that four states [Florida, Minnesota, Mississippi, and Texas] have not paid tobacco revenue through the MSA because they have entered into, as has already been said, their own legal agreements with tobacco companies, which contain different revenue payment agreements.) Investment of $100. In Panel A is the data point for RJ Reynolds from March 1991 to 2002. Sources for both panels: Center for Research in Security Prices (CRSP), University of Chicago Graduate School of Business, NYSE daily and monthly master/returns file, 1990-2002. Sloan FA, Trogdon JG, Mathews CA. Litigation and the Value of Tobacco Companies. Duke University Working Paper 2004. Yahoo Finance Research for Russell 2000.
finance.yahoo.com [Accessed 14 November 2003]. Next year, the big tobacco companies agreed with the tobacco-producing countries to compensate tobacco producers for the losses they are expected to suffer as a result of the rise in cigarette prices due to previous comparisons. This agreement, called “Phase II,” created the National Tobacco Growers` Settlement Trust Fund. Tobacco producers and quota holders in the 14 states that grow smoking tobacco and roots used in the manufacture of cigarettes are entitled to payments under the trust fund. . . .