Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 24.00 - Tobacco Product Manufacturer Certifications
Section 24.06 - TPM Directory
Current through Register 1531, September 27, 2024
With respect to his review of TPM Certifications and his consultation with the Commissioner pursuant to M.G.L. c. 94F s. 2(g), regarding the TPM Directory, the Attorney General may consider the following factors, any of which may be sufficient ground for exclusion from the TPM Directory:
(a) Whether the TPM timely filed its TPM Certification, including any necessary Supplemental TPM Certification;
(b) Whether the TPM Certification is accurate, complete, and in conformance with 940 CMR 24.00, and whether the TPM has provided all required information and documents, including any additional information and documents requested by the Attorney General;
(c) Whether the TPM Certification contains misrepresentations or fails to disclose material facts;
(d) Whether the TPM has fully and timely funded a Qualified Escrow Fund that is subject to an escrow agreement that has been approved by the Attorney General;
(e) Whether each TPM of a given Brand Family has submitted a TPM Certification that is in compliance with M.G.L. c. 94F;
(f) Whether the TPM or its Brand Family is, or has been, the subject of relevant legal action brought by the Commonwealth or by another government entity;
(g) Whether the TPM or its Brand Family is subject to any judgment or court order, including, but not limited to, an injunction prohibiting the sale of such Cigarettes;
(h) Whether all final judgments relating to the TPM or its Brand Family under M.G.L. c. 94E, M.G.L. c. 94F, and other applicable statutes have been satisfied, including penalties, interest, costs, and attorney's fees; and
(i) Any other facts or circumstances that the Attorney General determines are relevant and material to the purposes of the TPM Certification. top of page
