A provision of the comprehensive regulation, known as the „back-to-the-air” system, was intended to reduce the incentive for tobacco companies to seek to market young people14 by implementing a system of fines against companies when youth smoking does not meet specific targets. This provision was not part of the MSA, nor was it part of any subsequent legislation or litigation. At the time the agreement came into force, THE OPMs together controlled about 97% of the domestic market for cigarettes. In addition to these „initially implemented parties” (OSPs), the Master Settlement Agreement allows other tobacco companies to join the transaction; A list of these „SSPs” is maintained by the National Association of Attorneys General.  Since 1998, some 41 other tobacco companies have joined the Master Settlement Agreement. These companies, designated as the following participating producers (successful producers), are bound by the restrictions in the transaction contract and must make payments to the settlement Member States, as defined in the transaction contract. Together, MPOs and PMS are designated as participating manufacturers (PMs). Any tobacco company that chooses not to participate in the transaction agreement is designated as a non-participating producer (NPM). In 2009, the Family Smoking Prevention and Tobacco Control Act gave the FDA the power to regulate tobacco products. Attorneys general have actively contributed to the FDA`s shaping of its regulatory authority. Tobacco comparison agreements have introduced fundamental changes in the way tobacco products are promoted, marketed and sold in the United States.
The agreements include a wide range of restrictions on the sale and marketing of cigarettes, including a ban on participating producers taking direct or indirect measures to advertise, market or promote tobacco products. The decline in total domestic cigarette consumption is a success for MSA.24 domestic cigarette units decreased, but the decline was stronger in 1999.