No. By law, the Attorney General's Office provides legal opinions only to elected and appointed state officials, represents state agencies in actions in courts of law, and enforces those state laws as delegated by the Legislature. The Attorney General's Office is prohibited from offering legal advice to private citizens or organizations.
Smokeless tobacco is not part of the Master Settlement Agreement. The Master Settlement Agreement only relates to cigarettes and roll-your-own tobacco. There is, however, a separate Smokeless Tobacco Master Settlement Agreement that applies to manufacturers of smokeless tobacco products.
The Legislature has provided that Idaho's tobacco settlement proceeds be deposited into an interest-earning account known as the Idaho Millennium Fund. Each year five percent of the average monthly market value of the Idaho Millennium Fund is deposited into the Idaho Millennium Income Fund. The Legislature allocates money from the Idaho Millennium Income Fund. These funds are normally used to address indigent health care, substance abuse treatment, tobacco cessation programs, and public health education.
Never. In the Master Settlement Agreement, the participating manufacturers agreed to make payments in perpetuity.
No. However, when you buy tobacco products (other than cigarettes) over the Internet, over the phone, or from mail-order catalogs, you are generally not charged Idaho tax. In that case, you owe both use tax and tobacco tax.
Cigarettes bought over the Internet, over the phone, or from mail-order catalogs generally don’t have Idaho tax stamps on the bottom of the packages and are considered unstamped. The penalty for having, buying, or using more than 10 packs of unstamped cigarettes is three times the cigarette tax due for each full or partial pack. The minimum penalty is $50.
If you have any questions in this regard, please contact the Idaho State Tax Commission at (208) 334–7660.
The Master Settlement Agreement:
Prohibits Youth Targeting
Bans Cartoon Characters
Restricts Sponsorships By Brand Names
Bans Outdoor Advertising
Bans Placement of Tobacco Products
Bans Sale of Merchandise With Tobacco Brand Names
Bans Youth Access To Free Samples
Bans Gifts To Underage Persons Based on Proof of Purchase
Bans Non-Tobacco Brand Names
Stops Misrepresentations Concerning Health Consequences Of Smoking
The Smokeless Tobacco Master Settlement Agreement contains similar restrictions.
If you have evidence of a possible violation of either the Master Settlement Agreement or Smokeless Tobacco Master Settlement Agreement, contact the Office of the Attorney General at (208) 334–2424. Any physical evidence of the possible violation (i.e. a pack of cigarettes, a picture of a billboard, etc.) would be helpful in determining the extent of the violation.
The following organizations can assist with general education regarding tobacco issues:
For more information contact:
Office of the Attorney General
Consumer Protection Division
P.O. Box 83720
Boise, ID 83720-0010
Attention: Tobacco Enforcement