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Frequently Asked Questions
1. Can the Attorney General's Office
represent me in a private lawsuit against a tobacco
company?
ANSWER:
No. By law, the Attorney General's
Office provides legal opinions only to elected and
appointed state officials and represents state agencies
in actions in courts of law. The Attorney General's
Office is prohibited from offering legal advice to
private citizens or organizations.
2. Is smokeless tobacco (i.e. snuff,
chew) part of the tobacco settlement with tobacco
product manufacturers?
ANSWER:
Smokeless tobacco is not part of the
Master Settlement Agreement
. The Master Settlement Agreement only relates to
cigarettes and roll-your-own tobacco. Therefore, the
major smokeless tobacco manufacturer in the United
States executed a separate agreement with the states
known as the
Smokeless Tobacco Master Settlement Agreement
.
3. Where does the tobacco settlement
money go when it is received by the State and how is it
used?
ANSWER:
Initially, the settlement proceeds were
placed in an inviolate account known as the Wyoming
Tobacco Settlement Trust Fund. (See
Wyo. Stat. 9-4-1203
.) In 2000, the Legislature diverted the settlement
money from the Trust Fund into a special account known
as the Wyoming Tobacco Settlement Trust Fund Income
Account. (See
Wyo. Stat. 9-4-1204
.) The initial deposit of money that was placed into the
Trust Fund cannot be allocated for use. However, the
earnings from the account are transferred into the
Income Account for distribution.
All of the settlement money, including
the annual settlement payments and the interest from the
Trust Fund, are allocated by the Legislature. To date,
these funds have been used by the Wyoming Department of
Health, Substance Abuse Division, for the purposes
outlined in Wyo. Stat.
9-4-1203
and
1204
, including substance abuse treatment, tobacco cessation
programs and public health education.
4. When do the tobacco settlement
payments end?
ANSWER:
Never. In the
Master Settlement Agreement
, the participating manufacturers agreed to make
payments in perpetuity, or forever.
5. When are the
participating
and
non-participating
manufacturer certification forms due to the Office
of the Attorney General?
ANSWER:
By April 30 of the year following the
sales year being certified.
6. When are the
Wyoming Cigarette and Roll-Your-Own Tobacco Wholesaler
Reports
due to the Office of the Attorney General?
ANSWER:
By the 20th day of each month following
the month being certified.
7. What brands of cigarettes and
roll-your-own tobacco can be stamped and/or sold in the
state?
ANSWER:
Only those brands certified by the
Office of the Attorney General. All certified brands are
listed in the Directory of Compliant Brands and Brand
Families. The Directory will be updated annually for
official release on June 1 of each year. The Directory
can be accessed on the Tobacco Settlement Unit main web
page or by writing or calling the Office of the Attorney
General. For a detailed definition of what constitutes a
brand or brand family, please see
Wyo. Stat. 9-4-1210 (a)(i)
.
8. Is it illegal to purchase tobacco
over the Internet?
ANSWER:
No. However, if you purchase cigarettes
or roll-your-own tobacco over the Internet, you are
responsible to ensure that all state and federal taxes
have been paid to the appropriate taxing authority. Any
cigarettes or roll-your-own tobacco in your possession
on which no taxes have been paid are contraband and are
subject to seizure. If you have any questions in this
regard, please contact the
Wyoming Department
of Revenue
at (307) 777-3632.
9. What are the restrictions which
have been placed on cigarette and roll-your-own tobacco
MSA participating manufacturers?
ANSWER:
In accordance with the
Master Settlement Agreement
, the participating manufacturers agreed, in part, on:
-
A ban on the use of
cartoons in advertising, promotion or labeling
of tobacco products;
-
The creation of a
nationwide foundation for anti-smoking
advertising and research;
-
A ban on any
targeting of youth in advertising, promotion or
marketing of tobacco;
-
A ban on most
outdoor advertising;
-
A ban on the
distribution or sale of apparel with brand-name
logos;
-
A guarantee of
access to tobacco company documents and court
files;
-
Limitations on the
placement of other advertisements and
sponsorships;
-
Limitations on the
distributions of free product samples;
-
Limits tobacco
manufacturer lobbying efforts; and
-
A limitation on the
minimum pack size to twenty (20) cigarettes.
10. What are the restrictions, which
have been placed on STMSA participating smokeless
tobacco manufacturers?
ANSWER:
In accordance with the
Smokeless Tobacco Master Settlement Agreement
, the participating manufacturers agreed, in part, on:
-
A ban on the use of
cartoons in advertising, promotion or labeling
of tobacco products;
-
The creation of a
nationwide foundation for anti-smoking
advertising and research;
-
A ban on any
targeting of youth in advertising, promotion or
marketing of tobacco;
-
A ban on most
outdoor advertising, including brand name
advertising at rodeo events;
-
A ban on the
distribution or sale of apparel with brand-name
logos;
-
A guarantee of
access to tobacco company documents;
-
Limitations on the
placement of other advertisements and
sponsorships;
-
An agreement to
create a corporate culture of reduce youth
access and consumption;
-
Limitations on the
distributions of free product samples; and
-
Limits tobacco
manufacturer lobbying efforts.
11. How can I, as a citizen, assist
in the enforcement of the
Master Settlement Agreement
and
Smokeless Tobacco Master Settlement Agreement
?
ANSWER:
If you have evidence of a possible
violation of either the Master Settlement Agreement or
the Smokeless Tobacco Master Settlement Agreement,
contact the Office of the Attorney General at (307)
777-5833. Any physical evidence of the possible
violation (i.e. a pack of cigarettes, a picture of a
billboard, etc.) would be helpful in determining the
extent of the violation.
12. Where can I find more information
about tobacco-related issues?
ANSWER:
The following list is provided to
assist in general education regarding tobacco issues:
Lesley A. Osen
Administrator
123 State Capitol
Cheyenne, WY 82002
Phone: (307) 777-5833
Fax: (307) 777-7956
losen@state.wy.us
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