Big Tobacco and New York State's Latest Attempt to Destroy the Free Market Halted by District Court Injunction
Big Tobacco and New York State’s attempt to impose the de-facto Big Tobacco monopoly through the Tobacco Settlement Agreement is halted by court-ordered injunction, thereby protecting the rights of independent tobacco producers/distributors.
Dallas, TX (PRWEB via PR Web Direct)
September 28, 2004 -- New York, like many of the 46 states party the Master
Settlement Agreement (“Tobacco Settlement”) has recently attempted to
drastically alter the terms of the Tobacco Settlement in order to further their
stealth partnership with Big Tobacco and bolster the already established
de-facto Big Tobacco monopoly through this Tobacco Settlement.
The
original and current terms of the Tobacco Settlement provide for substantial
refunds to independent tobacco producers/distributors a.k.a. “Non-Participating
Members” (“NPMs”) of payments, which each NPM is required to make to an escrow
account to any participating state in which the NPM does business (“Allocable
Share Release Provision”).
The Court in Freedom Holdings, Inc. v.
Spitzer (02 Civ. 2939 (AKH)), stated that “the repeal of the Allocable Share
Release Provision […, took away the NPM’s reversionary right to escrow payments
beyond the rights or needs of particular states[….”The Court issued the
injunction by concluding that “This evidence suggests, therefore, that
plaintiffs, and other NPMs on whose behalf they also bring suit, are likely to
be caused – and in some cases appear already to have been caused – irreparable
injury stemming from the repeal of the Allocable Share Release provision.”
This ruling has triggered the filing or impending filing of law suits
across the country by NPMs who plan to challenge other states’ similar attempts
to destroy the NPM’s ability to compete in the free marketplace by denying them
the Tobacco Settlement mandated refund from each states respective “Allocable
Share” Payments.
StatesOnTheTake.com was the first web site to obtain
and publish the September 12th, 2003 “Privileged and Confidential” Memo by the
National Association of Attorneys General (“NAAG”) that brought to light the
ongoing collusive partnership between state governments and Big
Tobacco.
To read the Freedom Holdings, Inc. v. Spitzer opinion in its
entirety, and learn more about this Tobacco Settlement litigation and other
Tobacco MSA matters, visit http://www.StatesOnTheTake.com
Contact:
S. George
Alfonso
(214) 350-5584
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Source : http://www.prweb.com/releases/2004/9/prweb162407.htm