The Master Settlement Agreement (MSA) is a landmark settlement agreement reached in 1998 between 46 states and four major tobacco companies – Philip Morris USA, R.J. Reynolds, Brown & Williamson, and Lorillard. The agreement resolved a massive lawsuit filed by states against the tobacco industry for the costs they incurred in treating smoking-related illnesses.

The MSA was a turning point in the history of tobacco litigation, and it included several provisions that aimed to curb smoking and reduce the harm it caused. However, not all the provisions that were proposed made it into the final agreement.

Here are some of the provisions that were considered but ultimately left out of the MSA:

1. A Cap on Future Sales: Some states proposed capping the amount of tobacco products that the industry could sell in the future to reduce the harm caused by smoking. However, the tobacco companies rejected this proposal, and it was not included in the MSA.

2. A Ban on Cigarette Advertising: Some states wanted to ban all cigarette advertising, but this proposal was deemed unconstitutional by the courts. Instead, the MSA included restrictions on how tobacco companies could advertise their products.

3. A Ban on Menthol Cigarettes: Menthol cigarettes are known to be more addictive and harder to quit than regular cigarettes. However, the tobacco industry successfully lobbied against a ban on menthol cigarettes, and this provision was not included in the MSA.

4. A Higher Tobacco Tax: Some states suggested raising the tax on tobacco products to discourage smoking and raise revenue for public health programs. However, this proposal was not included in the MSA.

Despite the absence of these provisions, the MSA remains a significant achievement in the fight against smoking-related illnesses. It provided billions of dollars to states for smoking cessation programs and public health initiatives, and it led to stricter regulations on tobacco advertising and marketing.

In conclusion, the Master Settlement Agreement included several provisions that aimed to reduce the harm caused by smoking. Although some proposed provisions were not included in the final agreement, the MSA remains a critical step in the fight against smoking-related illnesses. The agreement has led to a significant reduction in cigarette smoking and serves as a reminder of the importance of collaboration between states and the private sector to achieve public health goals.