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draft settlement

Calculating State Settlement Revenues
  Research provided by Bill Godshall
  Smokescreen: June 11, 1999

By focusing on the 25 year baseline payment figures in the Master Settlement Agreement (MSA), attorneys general, governors, state legislatures and the media have mislead the public, and have almost certainly overstated the amount of money that will be paid by tobacco companies to the States in future decades.

Probably the most common misconception about the tobacco company payments to the States is that they will end after 25 years. In fact, under the MSA, payments are scheduled to continue in perpetuity, which is a very long time.

Another little know fact is that baseline payment figures are subject to numerous annual adjustments that will almost certainly result in actual payments that are far less than the baseline payments.

Besides Inflation, the baseline figures are subject to a Volume Adjustment, Non Participating Manufacturers Adjustment, Non Settling States Adjustment, Federal Tobacco Legislation Offset, Litigating Releasing Parties Offset, miscalculations and disputed payments.

Of these adjustments, it appears that the Volume Adjustment (exhibit E) will have the greatest impact in reducing future annual payments to States.

The reason for this is that the baseline payment figures in the MSA presume that future cigarette consumption will remain the same as it was in 1997. But the Volume Adjustment provision will cause future tobacco industry payments to decline at almost exactly the same rate as cigarette consumption declines (i.e. a 25% decrease in cigarette sales nationally will result in a 25% decrease in payments to all states).

According to the Tobacco Institute, the amount of cigarettes consumed in America (state taxes paid) decreased from 29.978 billion packs in 1982 to 23.045 billion packs in 1997, a 23% decrease over 15 years, with an annual 1.54% average decrease.

If the goals of health advocates are achieved, cigarette consumption will decrease even more rapidly in the future, perhaps by 3% or more annually.

Also, the $.40 per pack price hike by tobacco companies that occurred in the past six months has been projected (by Wall Street analysts and health advocates alike) to result in a one time cigarette consumption decrease of 5%-7%. Thus, a conservative estimate is that cigarette consumption will have declined by 7% between 1997 and 1999.

Given these widely accepted volume adjustment assumptions, following are three projections of actual tobacco industry payments (including Initial Payments, Annual Payments and Strategic Contribution Payments) based upon three different scenarios of future cigarette consumption:

Baseline - Annual payments as listed in the MSA that assumes future annual cigarette consumption remains the same as 1997.

Volume Adjustment 1 - A 7% decrease in cigarette consumption between 1997 and 1999, and a 1% annual decrease thereafter.

Volume Adjustment 2 - A 7% decrease in cigarette consumption between 1997 and 1999, and a 2% annual decrease thereafter.

Volume Adjustment 3 - A 7% decrease in cigarette consumption between 1997 and 1999, and a 3% annual decrease thereafter.


Settlement Payments in Billions
(change in cigarette consumption)

Year

Baseline

Volume Adjust 1

Volume Adjust 2

Volume Adjust 3

Initial

$2.4

$2.4 (100%)

$2.4 (100%)

$2.4 (100%)

2000

$6.97

$6.48 (93%)

$6.48 (93%)

$6.48 (93%)

2001

$7.54

$6.94 (92%)

$6.87 (91%)

$6.79 (90%)

2002

$9.12

$8.30 (91%)

$8.12 (89%)

$7.94 (87%)

2003

$9.20

$8.28 (90%)

$8.00 (87%)

$7.73 (84%)

2004

$8.0

$7.12 (89%)

$6.80 (85%)

$6.48 (81%)

2005

$8.0

$7.04 (88%)

$6.64 (83%)

$6.24 (78%)

2006

$8.0

$6.96 (87%)

$6.48 (81%)

$6.00 (75%)

2007

$8.0

$6.88 (86%)

$6.32 (79%)

$5.76 (72%)

2008

$9.0

$7.65 (85%)

$6.93 (77%)

$6.21 (69%)

2009

$9.0

$7.56 (84%)

$6.75 (75%)

$5.94 (66%)

2010

$9.0

$7.47 (83%)

$6.57 (73%)

$5.67 (63%)

2011

$9.0

$7.38 (82%)

$6.39 (71%)

$5.40 (60%)

2012

$9.0

$7.29 (81%)

$6.21 (69%)

$5.13 (57%)

2013

$9.0

$7.20 (80%)

$6.03 (67%)

$4.86 (54%)

2014

$9.0

$7.11 (79%)

$5.85 (65%)

$4.59 (51%)

2015

$9.0

$7.02 (78%)

$5.67 (63%)

$4.32 (48%)

2016

$9.0

$6.93 (77%)

$5.49 (61%)

$4.05 (45%)

2017

$9.0

$6.84 (76%)

$5.31 (59%)

$3.78 (42%)

2018

$9.0

$6.75 (75%)

$5.13 (57%)

$3.51 (39%)

2019

$9.0

$6.67 (74%)

$4.95 (55%)

$3.24 (36%)

2020

$9.0

$6.57 (73%)

$4.77 (53%)

$2.97 (33%)

2021

$9.0

$6.48 (72%)

$4.59 (51%)

$2.70 (30%)

2022

$9.0

$6.39 (71%)

$4.41 (49%)

$2.43 (27%)

2023

$9.0

$6.30 (70%)

$4.23 (47%)

$2.16 (24%)

2024

$9.0

$6.21 (69%)

$4.05 (45%)

$1.89 (21%)

Total

$220.24

$178.22

$151.44

$124.67

These projections will undoubtedly cause myopic policy makers to view declines in cigarette consumption as jeopardizing future state revenues.

In fact, Americans spend an estimated $72.7 billion annually to treat smoking diseases, including $12.9 billion spent by Medicaid. Other societal costs caused by smoking (e.g. lost productivity, secondhand smoke contamination, fires, cigarette butt litter, etc.) boost the total costs of smoking to at least $150 billion annually.

Since the MSA mandated tobacco company payments to States don't come close to compensating for the total costs of smoking, declines in cigarette consumption will save States and society far more dollars than the States will ever receive from the settlement payments.

And since annual settlement payments to all States are based upon national cigarette consumption, States in which tobacco consumption drops most rapidly will be the biggest financial winners, as their overall costs of smoking will drop most rapidly, while their settlement revenue will drop at the same rate as all other states.