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AG's Tobacco Manufacturer Directory
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Introduction
Participating Manufacturers
Non-Participating Manufacturers
 
 
Introduction 
In 1998, the State of New Jersey along with 45 other states, the District of Columbia and 5 United States Territories entered into the Master Settlement Agreement, or MSA (pdf) to settle claims against the four largest tobacco manufacturers. Under the MSA, the manufactures agreed to certain restriction on their marketing and the payment of compensation to offset State costs arising from the health problems associated with the use of their tobacco products. In addition, the MSA effectively changed how tobacco companies that sell cigarettes and roll-your-own tobacco can do business in New Jersey.
Tobacco manufacturers who wish to sell their product in New Jersey are subject to two important statutes. Initially, in June 1999, the New Jersey Legislature enacted the Model Statute (pdf or html versions). Under the Model Statute, tobacco manufacturers must either become a party to the MSA, and comply with its terms, or establish an escrow account and pay into it in accordance with N.J.S.A. 52:4D-1 et seq. as a "non-participating manufacturer." A tobacco manufacturer who fails to comply with either of these two requirements, and sells its product in New Jersey, is subject to litigation and civil penalties.
Consequentially, in February 2003, the New Jersey Legislature enacted another statute entitled "An Act Concerning Certain Tobacco Product Manufacturers and Supplementing Title 52 of the Revised Statutes" (pdf or html). This statute mandates that all manufacturers who wish to sell their product in New Jersey must first qualify to be included on one of the following approved product lists issued by the Attorney General: (1) for members of the MSA (Participating Manufacturers) and; (2) for non-members of the MSA (Non-Participating Manufacturers). Each list includes the "brand families" that are allowed to be sold within New Jersey. The term "brand family" means all styles sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, such as menthol, lights, kings, full flavor, 100's, ultima, etc. as defined in N.J.S.A. 52:4D-5.
It is unlawful for any person to stamp, sell, offer or possess for sale a package or container of cigarettes of a tobacco product manufacturer or a brand family that is not published in the Directory. Those who violate this legislation may face criminal and civil penalties. The minimum civil penalty is $5000 per violation, or 500% of the retail value of the product sold, whichever is greater. In addition, persons who stamp, sell or possess for sale in New Jersey, a brand not included on the Attorney General Directory Lists, may have their licenses suspended or revoked and any product found in their possession will be deemed contraband and will be seized and destroyed. Finally, profits gained in violation of this legislation will be disgorged and paid to the State Treasurer.
If a tobacco product manufacturer wishes to be added to these product lists, it should contact the New Jersey Attorney General's Office, Division of Law's Tobacco Enforcement Section at 973-648-3696.
 
Introduction
Participating Manufacturers
Non-Participating Manufacturers
 
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