View source for Tobacco MSA (Hawaii)

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The '''Tobacco MSA with Hawaii''' is the particular version of the [[Tobacco MSA]] that was signed by [[Hawaii]], was enabled by means of [[legislation]] of Hawaii, and has been interpreted since then in [[Courts of Hawaii|Hawaii state courts]].
On January 31, 1997, Hawaii sued the major domestic [[tobacco companies]], seeking damages for costs related to [[tobacco]] injuries and illnesses suffered by its [[Medicaid]] recipients. Hawaii's lawsuit covered was based on various grounds, including [[false advertising]], fraudulent and negligence misrepresentation, [[civil conspiracy]], [[negligence]], [[product liability]], and [[restitution]] for [[health care cost]]s for recipients of [[public assistance]].
On November 23, 1998, Hawaii, along with 45 other states that had filed similar actions against the tobacco companies, entered into a "global" [[Settlement (litigation)|settlement]]. Under the Master settlement agreement ("MSA"), which memorialized the "global" settlement, the tobacco companies agreed to take steps aimed at reducing or eliminating tobacco use by [[Minor (law)|minor]]s and educating the public at large about the dangers of tobacco use. MSA, at 18–47, available at http://www.library.ucsf.edu/tobacco/litigation (Nov. 1998). The tobacco companies also agreed to pay various sums to the settling states over 25 years, in amounts to be calculated based upon a complex formula. Id. at 112–114. It is estimated that at the end of the 25-year payout, Hawaii will have received as much as $1.38 billion.
Hawaii has established the Hawaii Tobacco Settlement Special Fund, into which its share of the tobacco settlement proceeds will be deposited. Under related [[state law|state legislation]], effective July 1, 2002 the settlement funds received by Hawaii will be allocated as follows: (1) twenty-four and one-half percent to the emergency and [[state budget|budget]] reserve fund; (2) thirty-five percent to the [[Department of Health]] for funding the children's [[health insurance]] program and the department's health promotion and [[disease prevention]] programs; (3) twelve and one-half percent to the Hawaii Tobacco Prevention and Control Trust Fund; and (4) twenty-eight percent to the [[university]] revenue-undertakings fund for the payment, as may be necessary, of [[principal (finance)|principal]] and [[interest (finance)|interest]] on [[revenue bond]]s issued to finance construction of a health and wellness center, including a new [[medical school]] facility, at the [[University of Hawaii at Manoa|University of Hawaii]] in [[Honolulu]]. Haw. Rev. Stat. § 328L-2 (2001).
==References==
*Cardenas v. Anzai, 311 F.3d 929 (9th Cir., 2002) (quoted verbatim from public-domain source)
[[Category:Smoking in the United States]]
[[Category:Hawaii law]]
[[Category:Health in Hawaii]]