Tobacco industry contests state fee

The Star Tribune has the dispute on is a fee a tax?:

Big tobacco companies and several Minnesota distributors are taking their dislike of the state's new 75-cent-per-pack cigarette "health impact fee" to court, saying it violates the multibillion dollar settlement reached with the state seven years ago.

In the 1998 settlement, the state agreed not to seek more money for health care costs associated with tobacco, the companies claim in a motion filed Friday in Ramsey County District Court. The fee, which was key to balancing the state budget after a partial government shutdown, earmarks money for such costs, they said.

Don't you remember when many of the states said the tobacco settlement wasn't going towards balancing their budgets but compensating for tobacco related health problems?