940 CMR 24.06
TPM Directory
With respect to his review ofTPM Certifications and his consultation with the Commissioner
pursuant to M.G.L. c. 94F, §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)
Wbetl:lei- the TPl.4- timely filed its TPM-Cer:tification, inclndi~_necessaq __ _
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;
940 CMR-175
( 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.