Are independent brands (NPMs) paying their fair share to the MSA to help state government?
Independent brands don’t have a “fair share amount” to pay. These independent brands weren’t the brands being sued for engaging in an anti-trust conspiracy to lie to the government about the health risks of smoking, engaging in advertising that appeals to children, and claiming their light cigarettes were less harmful than their full flavored cigarettes. Most independent brands weren’t even in business when the MSA was signed. Your elected officials agreed to, as suggested by Big Tobacco, make independent brands invest funds in an escrow account for 25 (twenty-five) years just to keep these brands from having a price advantage over the Big Tobacco brands that were being punished by the MSA settlement, specifically for their illegal practices. The state governments rationalized making companies invest in escrow accounts that had not engaged in wrong-doing (some of whom weren’t even in business at the time) by saying the escrow accounts would serve as a source of funds the state could dr