PROGRAMS & SERVICES

Highlights

• Notice of Public Hearing
  Notice is hereby given that the Department of Justice(DOJ) will hold a public hearing on its approved regulations to implement Revenue and Taxation Code section 30165.1, which was added by A.B. 71 (Stats. 2003, ch. 890. Sec. 7). To view Notice of Public Hearing, click here.
  
  
• Notice of Proposed Action
  Notice is hereby given that the Department of Justice(DOJ) has approved regulations to implement Revenue and Taxation Code section 30165.1, which was added by A.B. 71 (Stats. 2003, ch. 890. sec. 7), effective January 1, 2004. Pursuant to express authority, provided in subdivision (o) of section 30165.1, DOJ has adopted these regulations on an emergency basis and hereby gives notice of its intent to adopt these regulations on a permanent basis. To view Notice of Proposed Action, click here, proposed regulation text, click here, Initial Statement of Reasons, click here.
  
  
• Emergency Regulations to Implement Revenue and Taxation Code Section 30165.1
  On January 1, 2004, Revenue and Taxation Code section 30165.1 took effect. Added by A.B. 71 (Stats. 2003, ch. 890. Sec. 7), section 30165.1 requires the Attorney General to establish and maintain on his Internet website a directory of compliant tobacco product manufacturers and brand families which may be sold in California. (Section 30165.1(c).) This new law requires all manufacturers who wish to sell their cigarettes or rollyour-own (“RYO”) tobacco in California to certify, on forms and in the manner specified by the Attorney General, either full compliance with the state’s reserve fund statute (Health & Safety Code §§ 104555-104557) or certain aspects of the Master Settlement Agreement (MSA). (Section 30165.1(b).) Section 30165.1(e) prohibits the sale of cigarettes and RYO tobacco that are not listed, along with the manufacturer, on the directory. To view the proposed regulation text, click here, Finding of Emergency, click here.
  
  
• A judgment of default has been entered against defendant Grand Tobacco Company by the Sacramento County Superior Court. The defendant has been ordered to comply with California's Nonparticipating Manufacturer (NPM) Reserve Fund Statute (Health & Safety Code, sections 104555-104557) and is prohibited from selling any of its cigarettes to consumers, either directly or through a distributor, retailer, or other intermediary, within the State of California. This ban takes effect immediately and remains in effect until the defendant establishes a qualified escrow fund, deposits $92,215.30 into the escrow fund, and provides proof of its compliance with the Reserve Fund Statute to the Attorney General. The ban extends to ALL brands manufactured by GRAND TOBACCO COMPANY, including but not limited to "Garni" and "Akhtamar" brand cigarettes. To view a copy of the judgment, click here [223K/5 pgs]
  
  
• Court approves Settlement of claims against R.J. Reynolds and its marketing agent for distributing free cigarettes in violation of tobacco Master Settlement Agreement and California law. Court order requires payment of $60,000 to fund projects to support youth and young adult tobacco control advocacy in California. Stipulation for Order and Order for Entry of Final Judgment. (March 22, 2004) [441K/10 pgs]
  
  
• Court of Appeal Publishes Decision Affirming Reynolds’ Violation of the Prohibition Against Youth Targeting. Decision First in the Nation Enforcing the Master Settlement Agreement’s Prohibition Against Youth Targeting. To view the decision click here (March 19, 2004) [197K/57 pgs]
  
  
• A judgment of default has been entered against defendant Tabacalera Boqueron S.A. by the Sacramento County Superior Court. The defendant has been ordered to comply with California's Nonparticipating Manufacturer (NPM) Reserve Fund Statute (Health & Safety Code, sections 104555-104557) and is prohibited from selling any of its cigarettes to consumers, either directly or through a distributor, retailer, or other intermediary, within the State of California. This ban takes effect immediately and remains in effect until the defendant establishes a qualified escrow fund, deposits $64,264 into the escrow fund, and provides proof of its compliance with the Reserve Fund Statute to the Attorney General. The ban extends to ALL brands manufactured by Tabacalera Boqueron, including but not limited to "Carlyle" brand cigarettes. To view a copy of the judgment (March 9, 2004), click here  [248K/5 pgs].
  
  
• A judgment of default has been entered against defendant M/S Mohanlal Hargovinddas by the Sacramento County Superior Court. The defendant has been ordered to comply with California's Nonparticipating Manufacturer (NPM) Reserve Fund Statute (Health & Safety Code, sections 104555-104557) and is prohibited from selling any of its cigarettes to consumers, either directly or through a distributor, retailer, or other intermediary, within the State of California for two years, commencing March 1, 2004. The two-year ban extends to any and all brands manufactured by M/S Mohanlal Hargovinddas, including but not limited to the following brands: “Sher Bidi,” “Pahelwan Bidi and “Guru Bidi.” To view a copy of the judgment, click here.  [208K/5 pgs]
  
  
• Press Release - February 19, 2004
  Attorney General Lockyer Praises New State Campaign to Combat Tobacco Sales to Children
  
  
• A judgment of default has been entered against defendants Sinnar Bidi Udyog Ltd., Shrirang Sarda and Kisanlal Bastiram Sarda by the Sacramento County Superior Court. Defendants have been ordered to comply with California's Nonparticipating Manufacturer (NPM) Reserve Fund Statute (Health & Safety Code, sections 104555-104557) and are prohibited from selling any cigarettes to consumers, either directly or through a distributor, retailer, or other intermediary, within the State of California for two years, commencing February 19, 2004. The two-year ban extends to any and all brands manufactured by Sinnar Bidi Udyog Ltd., including but not limited to the following brands: “Kailas Bidi,” “Bullet Bidi,” “Indian Bidi,” “Vishnu Bidi,” and “Hare Krishna Bidi.” To view a copy of the judgment, click here.  [266K/5 pgs].
  
  
• Press Release - November 10, 2003
  Attorney General Lockyer Announces Agreement to Remove Tobacco Ads from News Magazines Sent to High Schools and Middle Schools
  
  
• Court upholds trial court decision that R.J. Reynolds violated California's tobacco sampling law. Confirms $14.8 million civil penalty against R.J. Reynolds. To view the Lockyer v. RJ Reynolds opinion (Oct. 30, 2003) click here   [222K/45 pgs]
  
  
• Press Release - September 30, 2003
  Attorney General Lockyer Announces Agreement to Curb Tobacco Sales to Minors in Wal-Mart Stores
  Youth Smoking Deals Now Cover Top Retailer, Drug Store and Oil Company
  
  
• Press Release - July 29, 2003
  Attorney General Lockyer Announces Agreement to Curb Tobacco Sales to Minors at ARCO Stations
  Deal Reduces Youth Access to Cigarettes at 1,250 Retail Outlets in California
  
  
• ARCO Assurance of Voluntary Compliance. To view the ARCO Assurance of Voluntary Compliance (July 25, 2003) Click here  [132K/10 pgs]
  
  
• Federal court dismisses lawsuit filed by tobacco giants R. J. Reynolds and Lorillard which challenged constitutionality of California tobacco education media campaign. Using tobacco excise taxes to fund tobacco control media campaign does not violate companies' rights to freedom of speech, fair jury, and due process. R.J. Reynolds Tobacco Company and Lorillard Tobacco Company v. Diana M. Bonta, Director of the California Department of Health Services and Dileep G. Bal, Acting Chief of the Tobacco Control Section of the California Department of Health Services Case No. CIV S-03-659 LKK/GHH
  Click here to view the court's Order filed on July 22, 2003.  [2.94MB/57 pgs].
  Click here to view the court's Order filed on July 23, 2003 (correcting a clerical error in the 7-22 order)  [91K/1 pg].
  
  
• A judgment of default has been entered against PT. Bentoel Prima by the Sacramento County Superior Court. PT. Bentoel Prima has been ordered to bring itself into compliance with California's Non-Participating Manufacturer ("NPM") reserve fund law (Health & Safety Code, sections 104555-104557) and is prohibited from selling any of its cigarettes to consumers, either directly or through a distributor, retailer, or other intermediary, within the State of California for two years, commencing June 19, 2003. The two-year ban extends to any and all brands manufactured by PT. Bentoel Prima, including but not limited to the following brands: "Krakatoa," "Jakarta," "Bima," "Kuta," "Terong," "Canadian Express" and "Bentoel." To view a copy of the judgment, click here  [211K/5 pgs].
  
  
• California Supreme Court denies R.J. Reynold's request for review of March 2003 Court of Appeal's decision in case involving outdoor advertising restrictions imposed by MSA. Lower court decision is now final. The company may not post billboards or other signs advertising its Winston sponsorships at auto race tracks more than 90 days before and 10 days after a sponsored event at the site. People of the State of California v. R.J. Reynolds Tobacco Co. (2003) 107 Cal.App.4th 516, 132 Cal. Rptr 2d. 151. To view the decision (March 27, 2003) click here  [136K/23 pgs].
  
  
• A Judgment of Default has been entered against Sekap S.A. Greek Cooperative Cigarette Manufacturing Company ("Sekap") by the Sacramento County Superior Court. Sekap has been ordered to bring itself into compliance with California's non-participating manufacturer ("NPM") reserve fund law (Health & Safety Code, §§ 104555-104557)and is prohibited from selling any of its cigarettes to consumers, either directly or through a distributor, retailer, or other intermediary, within the State of California for two years, commencing March 14, 2003. To view a copy of the judgment, click here  [229K/5 pgs].
  
  
• Press Release - October 17, 2002
  Attorney General Lockyer Settles Lawsuit Over Illegal Distribution of Smokeless Tobacco Products
  
  
• Press Release - September 6, 2002
  Attorney General Lockyer Announces Drug, Alcohol and Tobacco Use Among High School Students Remains Steady Study Measures Ecstasy Use for First Time
  
  
• People v. R.J. Reynolds Print Ads Case No. GIC 764118 - Click here to view these documents. The Final Statement of Decision [1,017K/19 pgs] and Judgment (August 23, 2002) [66K/2 pgs].
  
  
• Press Release - August 13, 2002
  Attorney General Bill Lockyer Announces Agreement with ExxonMobil to Curb Tobacco Sales to Minors
  Calls Agreement Important Model for Retailers in Fight Against Underage Smoking
  
  
• ExxonMobil Corporation Assurance - Click here to see the ExxonMobil Corporation Assurance (August 7, 2002)   [45K/18 pgs]
  
  
• July 31, 2002. US Smokeless Tobacco Agreement Relating to Brand Name Sponsorship. In June 2002 the Attorney General entered into a Memorandum of Understanding with U.S. Smokeless Tobacco Company ("USSTC"). The agreement resolves some disputes with USSTC about its compliance with the 1998 Smokeless Tobacco Master Settlement Agreement, relating to the configuration of Adult-Only Facilities (AOFs) (where USSTC gives away free samples) and the Brand Name signs that USSTC uses to identify its AOFs. In May 2002 the Tobacco Enforcement Committee of the National Association of Attorneys General reviewed and endorsed the MOU. The MOU requires USSTC, within 120 days, to enclose all its AOFs in California with an opaque barrier that is at least six feet high, and to instruct its security personnel to discourage people from loitering around the entrances and exits. This part of the agreement implements the provision of the MSA which defines an AOF as a place where persons under the age of 18 are "not present." The agreement also spells out how USSTC may identify its AOFs by using a Brand Name, such as Copenhagen, Skoal, or Rooster, under a limited exception to the MSA's general ban on outdoor advertising of tobacco products.Please click here to view the Memorandum of Understanding Concerning Adult-Only Facilities  [155K/3 pgs]
  
  
• Press Release - July 16, 2002
  Attorney General Bill Lockyer Calls on FDA to Regulate New "Tobacco Candy" Product
  
  
• Press Release - June 6, 2002
  Attorney General Lockyer Praises $20 Million Fine Against R.J. Reynolds for Targeting Minors with Ads
  
  
• Press Release - May 2, 2002
  Attorney General Bill Lockyer Announces R.J. Reynolds Ordered to Pay $14.8 Million Fine
  
  
• Press Release - February 13, 2002
  Attorney General Bill Lockyer Announces Agreement With Walgreens to Curb Tobacco Sales to Minors
  Calls Drug Store Chain's Policy a National Model in Fight Against Underage Smoking
  
  
• Walgreen Co. Assurance of Voluntary Compliance - Click to view the Walgreen Co. Assurance of Voluntary Compliance. [37K/15 pgs]