In mid-2000, NPMs and domestic importers began to gain greater market share. [43] NAAG found that reductions in compensatory payments resulting from a general reduction in cigarette consumption benefited states, as the health costs imposed by each cigarette exceed offsets. [44] On the other hand, if there is a reduction in compensatory payments because NPM sales supersede pm sales, states will not benefit if NPMs do not make trust payments. That is why, at the end of 2000, NAAG established a contraband status model to ensure that NPM makes fiduciary payments for cigarettes. See PX 116. Contraband status provides that excise stamps can only sell cigarettes sold in the state if the manufacturer becomes an MSA MP or is an NPM that makes all the faithful payments required by the status of the trust. [45] The status of contraband imposes a criminal penalty on wholesalers who sell NPM cigarettes that are not properly registered in the state and pay full trusts. By mid-2002, only seven settler countries had adopted contraband statutes. In 2007, 44 of the 46 settlement states (including Kansas) adopted these statutes. See K.S.A. 50-6a04. The Attorney General of Kansas is charged with enforcing the status of the Escrow and Smuggling.
In 1998, the Attorney General of 46 states signed the Master Settlement Agreement (MSA) with the four largest tobacco companies in the United States: Brown-Williamson, Lorillard, Philip Morris and R.J. Reynolds, the Original Participating Manufacturers. The MSA and related documents are available on the website of the National Association of Attorneys General, www.naag.org/tobacco.php. The “Allocable Share Release Repeal” (“ASR Repeal”) revised the initial calculation of the repayment of the trust`s status to remove the reference to the state`s allocable share to LMSA`s annual payment. HN2The amended status therefore provides that an NPM is entitled to reimbursement to the extent that a tobacco manufacturer finds that the amount it has had to pay in trust on the basis of units sold in the state.