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	<title>Comments on: FDA&#8217;s Definition of a Little Cigar as a Cigarette</title>
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	<link>http://www.tobaccotoday.info/2009/09/24/fdas-definition-of-a-little-cigar-as-a-cigarette/</link>
	<description>Information on the Tobacco industry</description>
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		<title>By: OTP Kid</title>
		<link>http://www.tobaccotoday.info/2009/09/24/fdas-definition-of-a-little-cigar-as-a-cigarette/comment-page-1/#comment-2051</link>
		<dc:creator>OTP Kid</dc:creator>
		<pubDate>Wed, 28 Oct 2009 14:50:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.tobaccotoday.info/?p=396#comment-2051</guid>
		<description>Willie,

I will help you out on this one.  The reason no health groups were behind the little cigar tax is because they do not understand what Altria understands, which is that little cigars are cigarette substitutes (packed 20, filtered, lights, menthol, etc).  That is why PM pushed this through in PA and is working dilligently in Michigan to get a similar measure passed.  

Your conclusion that many little cigar smokers will switch to cigarillos is incorrect, as you can see from the previous paragraph these were not cigar smokers to begin with, they were cigarette smokers who converted to little cigars due to price, now they will go back to cigarettes or RYO.

Oh, and by the way, they picked 4 pounds per thousand because Black n Mild weighs slightly more than that and would not fall into the tax.  Altria: Looking out For the Industry (which is us).</description>
		<content:encoded><![CDATA[<p>Willie,</p>
<p>I will help you out on this one.  The reason no health groups were behind the little cigar tax is because they do not understand what Altria understands, which is that little cigars are cigarette substitutes (packed 20, filtered, lights, menthol, etc).  That is why PM pushed this through in PA and is working dilligently in Michigan to get a similar measure passed.  </p>
<p>Your conclusion that many little cigar smokers will switch to cigarillos is incorrect, as you can see from the previous paragraph these were not cigar smokers to begin with, they were cigarette smokers who converted to little cigars due to price, now they will go back to cigarettes or RYO.</p>
<p>Oh, and by the way, they picked 4 pounds per thousand because Black n Mild weighs slightly more than that and would not fall into the tax.  Altria: Looking out For the Industry (which is us).</p>
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		<title>By: Bill Godshall</title>
		<link>http://www.tobaccotoday.info/2009/09/24/fdas-definition-of-a-little-cigar-as-a-cigarette/comment-page-1/#comment-2007</link>
		<dc:creator>Bill Godshall</dc:creator>
		<pubDate>Tue, 13 Oct 2009 22:30:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.tobaccotoday.info/?p=396#comment-2007</guid>
		<description>This is a very interesting discussion, and it appears that the FDA and Waxman are trying to expand the scope of the FDA law by reinterpretting definitions of words and phrases.

Regarding little cigars, PA just enacted a new budget on Friday that imposes a $.25/pack tax hike on cigarettes (from $1.35 to $1.60) and a new $1.60/pack tax on little cigars (which were previously untaxed).  

PA&#039;s definition (for tax purposes) of a little cigar is under 4 pounds per thousand (instead of the SCHIP definition of under 3 pounds per thousand), which appears to include little cigars that companies recently added a little bit more tobacco to in order to aviod the SCHIP $1/pack tax on little cigars.

What I found interesting is that none of the health groups were urging PA legislators to tax little cigars at the same $1.60/pack rate as cigarettes.   Rather, CTFK, ACS, AHA, ALA were advocating a 59% of wholesale price for all OTP (and especially for smokeless).  Meanwhile, Smokefree Pennsylvania was urging the legislature to enact Gov. Rendell&#039;s proposed $.036/cigar tax (for all cigars) and a $.36/ounce tax on all smokeless and smoking tobacco.  

A Philly Inquirer article indicated that Altria was urging the PA legislature to enact the $1.60/pack tax on all little cigars.  If that is true, I suspect that Altria also urged the legislature to define little cigars as being under 4 pounds per thousand (instead of under 3 pounds per thousand).

Interestingly, PA Senate and House Republicans adamantly opposed any tax on smokeless and smoking tobacco or on large cigars (not sure if cigarillos fit the definition of little cigars).  So I anticipate that many little cigar smokers will now switch to less expensive large cigars.

Also of interest, during the entire budget process, CTFK, ACS, AHA, ALA criticized Rendell&#039;s more modest and fairer weight and piece based OTP tax proposal by insisting upon a far greater price based OTP tax of 59% of wholesale price, claiming that it would &quot;eliminate the tobacco tax loophole by taxing OTP at the same rate of cigarettes&quot;.  These groups have made the exact same claim in urging the Ohio legislature to tax OTP at 59% of wholesale.   But even with PA&#039;s new $.25/pack cigarette tax hike, the new $1.60/pack tax is only 29% of the anticipated $5.50/pack cigarette wholesale price.

After I informed PA legislators of this false tax claim by these heatlh groups,  the PA House approved a 30% OTP tax (instead of the 59% OTP tax bill that had been introduced and was advocated by these groups), which was subsequently rejected by the PA Senate.

I&#039;m also not aware that CTFK, ACS, AHA, ALA advocated increasing the PA cigarette tax during the entire budget process, which (along with their actions regarding the FDA cigar flavorings) indicates to me that these anti tobacco groups are far more interested in going after OTP, flavored cigarettes and cigars, and electronic cigarettes than in reducing cigarette consumption (which makes no sense to me).</description>
		<content:encoded><![CDATA[<p>This is a very interesting discussion, and it appears that the FDA and Waxman are trying to expand the scope of the FDA law by reinterpretting definitions of words and phrases.</p>
<p>Regarding little cigars, PA just enacted a new budget on Friday that imposes a $.25/pack tax hike on cigarettes (from $1.35 to $1.60) and a new $1.60/pack tax on little cigars (which were previously untaxed).  </p>
<p>PA&#8217;s definition (for tax purposes) of a little cigar is under 4 pounds per thousand (instead of the SCHIP definition of under 3 pounds per thousand), which appears to include little cigars that companies recently added a little bit more tobacco to in order to aviod the SCHIP $1/pack tax on little cigars.</p>
<p>What I found interesting is that none of the health groups were urging PA legislators to tax little cigars at the same $1.60/pack rate as cigarettes.   Rather, CTFK, ACS, AHA, ALA were advocating a 59% of wholesale price for all OTP (and especially for smokeless).  Meanwhile, Smokefree Pennsylvania was urging the legislature to enact Gov. Rendell&#8217;s proposed $.036/cigar tax (for all cigars) and a $.36/ounce tax on all smokeless and smoking tobacco.  </p>
<p>A Philly Inquirer article indicated that Altria was urging the PA legislature to enact the $1.60/pack tax on all little cigars.  If that is true, I suspect that Altria also urged the legislature to define little cigars as being under 4 pounds per thousand (instead of under 3 pounds per thousand).</p>
<p>Interestingly, PA Senate and House Republicans adamantly opposed any tax on smokeless and smoking tobacco or on large cigars (not sure if cigarillos fit the definition of little cigars).  So I anticipate that many little cigar smokers will now switch to less expensive large cigars.</p>
<p>Also of interest, during the entire budget process, CTFK, ACS, AHA, ALA criticized Rendell&#8217;s more modest and fairer weight and piece based OTP tax proposal by insisting upon a far greater price based OTP tax of 59% of wholesale price, claiming that it would &#8220;eliminate the tobacco tax loophole by taxing OTP at the same rate of cigarettes&#8221;.  These groups have made the exact same claim in urging the Ohio legislature to tax OTP at 59% of wholesale.   But even with PA&#8217;s new $.25/pack cigarette tax hike, the new $1.60/pack tax is only 29% of the anticipated $5.50/pack cigarette wholesale price.</p>
<p>After I informed PA legislators of this false tax claim by these heatlh groups,  the PA House approved a 30% OTP tax (instead of the 59% OTP tax bill that had been introduced and was advocated by these groups), which was subsequently rejected by the PA Senate.</p>
<p>I&#8217;m also not aware that CTFK, ACS, AHA, ALA advocated increasing the PA cigarette tax during the entire budget process, which (along with their actions regarding the FDA cigar flavorings) indicates to me that these anti tobacco groups are far more interested in going after OTP, flavored cigarettes and cigars, and electronic cigarettes than in reducing cigarette consumption (which makes no sense to me).</p>
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		<title>By: John Rolfe</title>
		<link>http://www.tobaccotoday.info/2009/09/24/fdas-definition-of-a-little-cigar-as-a-cigarette/comment-page-1/#comment-2003</link>
		<dc:creator>John Rolfe</dc:creator>
		<pubDate>Mon, 12 Oct 2009 17:43:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.tobaccotoday.info/?p=396#comment-2003</guid>
		<description>Yes, Taz you are quite right.  Thing is that Waxman&#039;s letter to Cheyenne clearly states that it was public health groups that brought this to his attention and already back on August 27th the Campaign For Tobacco Free Kids made a submission at Regulations.gov citing precisely what their mouthpiece Waxman wrote.  What Waxman failed to do, however, prior to his October 8th letters was to review the Cheyenne response to CTFK in their submission at Regulations.gov which made it clear why CTFK had failed to properly characterize Cheyenne&#039;s little cigars e.g., unlike Kretek&#039;s clove flavored little cigars, Cheyenne&#039;s cigarettes were quite different.  Now Waxman is reaching out for all data from both including sales data to retailers and wholesalers, all marketing plans, and everything else that will require a team of data gatherers.

This is the first example of the new powers of Bart Stupak, who heads Oversight and Investigations for Waxman&#039;s committee, and of the FDA itself but more importantly it is no doubt being aided and abetted by Altria since their John Middleton group never made cigarettes so Altria believes they would be exempt from the oversight faced by cigarette makers who now make little cigars and fits with Altria&#039;s plan to eliminate all competitors under the guise of doing something for youth, while at the same time selling more Marlboro Lights to youth than all other products combined.</description>
		<content:encoded><![CDATA[<p>Yes, Taz you are quite right.  Thing is that Waxman&#8217;s letter to Cheyenne clearly states that it was public health groups that brought this to his attention and already back on August 27th the Campaign For Tobacco Free Kids made a submission at Regulations.gov citing precisely what their mouthpiece Waxman wrote.  What Waxman failed to do, however, prior to his October 8th letters was to review the Cheyenne response to CTFK in their submission at Regulations.gov which made it clear why CTFK had failed to properly characterize Cheyenne&#8217;s little cigars e.g., unlike Kretek&#8217;s clove flavored little cigars, Cheyenne&#8217;s cigarettes were quite different.  Now Waxman is reaching out for all data from both including sales data to retailers and wholesalers, all marketing plans, and everything else that will require a team of data gatherers.</p>
<p>This is the first example of the new powers of Bart Stupak, who heads Oversight and Investigations for Waxman&#8217;s committee, and of the FDA itself but more importantly it is no doubt being aided and abetted by Altria since their John Middleton group never made cigarettes so Altria believes they would be exempt from the oversight faced by cigarette makers who now make little cigars and fits with Altria&#8217;s plan to eliminate all competitors under the guise of doing something for youth, while at the same time selling more Marlboro Lights to youth than all other products combined.</p>
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		<title>By: TAZ</title>
		<link>http://www.tobaccotoday.info/2009/09/24/fdas-definition-of-a-little-cigar-as-a-cigarette/comment-page-1/#comment-2002</link>
		<dc:creator>TAZ</dc:creator>
		<pubDate>Mon, 12 Oct 2009 17:11:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.tobaccotoday.info/?p=396#comment-2002</guid>
		<description>US Rep. Henry Waxman (D-California), chair of the House Committee on Energy and Commerce, said he sent letters to Cheyenne International of North Carolina and Kretek International of California, noting reports that the companies are allegedly attempting to circumvent the Food and Drug Administration&#039;s ban on flavored cigarettes by repackaging their flavored cigarettes as &quot;little cigars&quot; or as &quot;filtered cigars that share a similar appearance and size,&quot; and asking them to provide information about how they have marketed their flavored tobacco products since the FDA&#039;s rules took effect on September 22nd. (Associated Press - AP 10/06)</description>
		<content:encoded><![CDATA[<p>US Rep. Henry Waxman (D-California), chair of the House Committee on Energy and Commerce, said he sent letters to Cheyenne International of North Carolina and Kretek International of California, noting reports that the companies are allegedly attempting to circumvent the Food and Drug Administration&#8217;s ban on flavored cigarettes by repackaging their flavored cigarettes as &#8220;little cigars&#8221; or as &#8220;filtered cigars that share a similar appearance and size,&#8221; and asking them to provide information about how they have marketed their flavored tobacco products since the FDA&#8217;s rules took effect on September 22nd. (Associated Press &#8211; AP 10/06)</p>
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		<title>By: Desert Dude</title>
		<link>http://www.tobaccotoday.info/2009/09/24/fdas-definition-of-a-little-cigar-as-a-cigarette/comment-page-1/#comment-1995</link>
		<dc:creator>Desert Dude</dc:creator>
		<pubDate>Sun, 11 Oct 2009 06:07:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.tobaccotoday.info/?p=396#comment-1995</guid>
		<description>Sounds like Jancascade is from a liberal western state like Oregon. Bring on the weed! Pretty interesting.</description>
		<content:encoded><![CDATA[<p>Sounds like Jancascade is from a liberal western state like Oregon. Bring on the weed! Pretty interesting.</p>
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		<title>By: OTP Kid</title>
		<link>http://www.tobaccotoday.info/2009/09/24/fdas-definition-of-a-little-cigar-as-a-cigarette/comment-page-1/#comment-1991</link>
		<dc:creator>OTP Kid</dc:creator>
		<pubDate>Fri, 09 Oct 2009 13:55:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.tobaccotoday.info/?p=396#comment-1991</guid>
		<description>jancascade - what state a re you in?

Those products weigh less, so an 8 ounce bag has half the federal tax than a one pound bag so it starts off 12 bucks cheaper, and then your state otp % is off a lower base

We are selling a lot of this product and we have a 71% OTP tax in our state!

you ought to check it out, it should work for you</description>
		<content:encoded><![CDATA[<p>jancascade &#8211; what state a re you in?</p>
<p>Those products weigh less, so an 8 ounce bag has half the federal tax than a one pound bag so it starts off 12 bucks cheaper, and then your state otp % is off a lower base</p>
<p>We are selling a lot of this product and we have a 71% OTP tax in our state!</p>
<p>you ought to check it out, it should work for you</p>
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		<title>By: jancascade</title>
		<link>http://www.tobaccotoday.info/2009/09/24/fdas-definition-of-a-little-cigar-as-a-cigarette/comment-page-1/#comment-1990</link>
		<dc:creator>jancascade</dc:creator>
		<pubDate>Fri, 09 Oct 2009 05:41:21 +0000</pubDate>
		<guid isPermaLink="false">http://www.tobaccotoday.info/?p=396#comment-1990</guid>
		<description>OTP Kid,
We are taxed on the wholesale cost, not the weight.  RYO was a small part of my business and I do not need it and have no desire to make more money for the state than I make on the product.  RYO tobacco is all but impossible to buy in our state now.  

As far as I am concerned, government can go pound sand.</description>
		<content:encoded><![CDATA[<p>OTP Kid,<br />
We are taxed on the wholesale cost, not the weight.  RYO was a small part of my business and I do not need it and have no desire to make more money for the state than I make on the product.  RYO tobacco is all but impossible to buy in our state now.  </p>
<p>As far as I am concerned, government can go pound sand.</p>
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		<title>By: OTP Kid</title>
		<link>http://www.tobaccotoday.info/2009/09/24/fdas-definition-of-a-little-cigar-as-a-cigarette/comment-page-1/#comment-1989</link>
		<dc:creator>OTP Kid</dc:creator>
		<pubDate>Thu, 08 Oct 2009 18:16:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.tobaccotoday.info/?p=396#comment-1989</guid>
		<description>jancascade:

You should try TubeCut and Superoll from Republic Tobacco.  It weighs about half and gives people the same amount of cigarettes. We are selling a lot of it, and it&#039;s about the only RYO we&#039;re selling except Drum, Top and Buglar pouches.  We have our retail stores listed on the the website, which they will do for you for free.

www.tubecuttobacco.com</description>
		<content:encoded><![CDATA[<p>jancascade:</p>
<p>You should try TubeCut and Superoll from Republic Tobacco.  It weighs about half and gives people the same amount of cigarettes. We are selling a lot of it, and it&#8217;s about the only RYO we&#8217;re selling except Drum, Top and Buglar pouches.  We have our retail stores listed on the the website, which they will do for you for free.</p>
<p><a href="http://www.tubecuttobacco.com" rel="nofollow">http://www.tubecuttobacco.com</a></p>
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		<title>By: jancascade</title>
		<link>http://www.tobaccotoday.info/2009/09/24/fdas-definition-of-a-little-cigar-as-a-cigarette/comment-page-1/#comment-1988</link>
		<dc:creator>jancascade</dc:creator>
		<pubDate>Thu, 08 Oct 2009 02:32:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.tobaccotoday.info/?p=396#comment-1988</guid>
		<description>As a retailer, we have decided to not sell any RYO tobacco.  We must pay our state tax on the federal SCHIP tax, so in our state a pound of tobacco has almost $42.00 combined taxes before we make a dime.  Too costly to floor for the return on the investment.

We had a small but steady Clove and Sweet Dream clientele.  That is gone now too.

The federal government is raiding the states treasuries with these new bans and taxes.  The states will have to use their SCHIP allotments to shore up existing children&#039;s health insurance plans, and be unable to add any new kids with insurance coverage.

This is nuts!</description>
		<content:encoded><![CDATA[<p>As a retailer, we have decided to not sell any RYO tobacco.  We must pay our state tax on the federal SCHIP tax, so in our state a pound of tobacco has almost $42.00 combined taxes before we make a dime.  Too costly to floor for the return on the investment.</p>
<p>We had a small but steady Clove and Sweet Dream clientele.  That is gone now too.</p>
<p>The federal government is raiding the states treasuries with these new bans and taxes.  The states will have to use their SCHIP allotments to shore up existing children&#8217;s health insurance plans, and be unable to add any new kids with insurance coverage.</p>
<p>This is nuts!</p>
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		<title>By: TAZ</title>
		<link>http://www.tobaccotoday.info/2009/09/24/fdas-definition-of-a-little-cigar-as-a-cigarette/comment-page-1/#comment-1986</link>
		<dc:creator>TAZ</dc:creator>
		<pubDate>Tue, 06 Oct 2009 04:20:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.tobaccotoday.info/?p=396#comment-1986</guid>
		<description>NEW YORK -- The Nat Sherman Co. has issued a letter clarifying which of the company&#039;s cigarette brands comply with the new U.S. Food &amp; Drug Administration (FDA) regulations, according to the National Association of Tobacco Outlets (NATO), which published a copy of the letter in its most recent E-News Bulletin.
 
The letter said:

&quot;Regarding the FDA ban on characterizing flavors which went into effect on September 22, 2009.... The law bans both the manufacturing and sale of all flavored cigarettes (except for regular and menthol brands). This includes our Clove and Mint brand styles, but does not affect any of our other brands. In the last few weeks, we have been actively removing our Clove and Mint brands from the market place as many states have begun delisting them from their approved directories.

Consistent with our obligations as a responsible manufacturer, we have discontinued our &#039;A Touch of Cloves&#039; and all our Mint brands styles. Concerning our &#039;Mint&#039; brands, while many competitors use a synthetic menthol flavoring to treat the tobacco in their products, we have always remained true to our heritage as a manufacturer of only all-natural 100% additive-free cigarettes. Since menthol is derived from nature&#039;s own mint plant, our menthol-flavored cigarettes have always contained pure menthol crystals in our filters to impart a natural menthol flavor. And to differentiate our menthol products, we adopted the descriptor &#039;Mint.&#039; Now, however, we have revised our packaging for these brands and changed the descriptor to &#039;Menthol.&#039; Other than this slight name change, you can be assured the quality and enjoyment you and your adult customers have come to expect from these brands will continue to remain the same. Please note that both the UPC and product code will remain unchanged.&quot;</description>
		<content:encoded><![CDATA[<p>NEW YORK &#8212; The Nat Sherman Co. has issued a letter clarifying which of the company&#8217;s cigarette brands comply with the new U.S. Food &amp; Drug Administration (FDA) regulations, according to the National Association of Tobacco Outlets (NATO), which published a copy of the letter in its most recent E-News Bulletin.</p>
<p>The letter said:</p>
<p>&#8220;Regarding the FDA ban on characterizing flavors which went into effect on September 22, 2009&#8230;. The law bans both the manufacturing and sale of all flavored cigarettes (except for regular and menthol brands). This includes our Clove and Mint brand styles, but does not affect any of our other brands. In the last few weeks, we have been actively removing our Clove and Mint brands from the market place as many states have begun delisting them from their approved directories.</p>
<p>Consistent with our obligations as a responsible manufacturer, we have discontinued our &#8216;A Touch of Cloves&#8217; and all our Mint brands styles. Concerning our &#8216;Mint&#8217; brands, while many competitors use a synthetic menthol flavoring to treat the tobacco in their products, we have always remained true to our heritage as a manufacturer of only all-natural 100% additive-free cigarettes. Since menthol is derived from nature&#8217;s own mint plant, our menthol-flavored cigarettes have always contained pure menthol crystals in our filters to impart a natural menthol flavor. And to differentiate our menthol products, we adopted the descriptor &#8216;Mint.&#8217; Now, however, we have revised our packaging for these brands and changed the descriptor to &#8216;Menthol.&#8217; Other than this slight name change, you can be assured the quality and enjoyment you and your adult customers have come to expect from these brands will continue to remain the same. Please note that both the UPC and product code will remain unchanged.&#8221;</p>
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