Wednesday, September 23 2009
Today, Kretek International has sued the Food and Drug Administration in a declaratory judgment action which seeks a ruling from the Federal District Court in Washington, DC declaring that the new FDA ban on flavored cigarettes does not extend to flavored cigars. Below is a press release from Kretek International:
September 23, 2009 - Moorpark, CA: Kretek International, Inc., importer and distributor of Djarum clove cigars, today filed a request for declaratory judgment against the Food & Drug Administration in Federal District Court in Washington, DC. The Kretek filing comes after the FDA signaled its intention to exceed its legislative authority to regulate flavored cigarettes in order to ban other tobacco products as well.
Beginning September 22, 2009 a new FDA law prohibits cigarettes with a characterizing flavor other than tobacco or menthol, but cigars are not covered by the FDA’s new authority. The purpose of Kretek’s action is to prevent the FDA from moving against Kretek’s Djarum cigar products.
The Djarum cigars in question are the latest in a succession of clove cigar products distributed in the U. S. dating back to the 1990s. With the banning of market shipments of Djarum cigarettes, Kretek’s cigars have taken on additional prominence with distributors and retailers.
In 2007, the current Djarum cigars were classified by the Tobacco Tax and Trade Bureau (TTB) of the U. S. Department of the Treasury as cigars under the code of federal regulations and an advanced ruling stating that they met the legal test as a cigar product was issued. The difference between cigarettes and cigars has been clearly defined by standing law for more than 30 years. This longstanding legal distinction between cigarettes and cigars was included as part of the new FDA law.
“We have made every effort to meet the letter and spirit of the law, and to ensure that these products are displayed in the cigar section of the tobacco counter. The Djarum product is clearly labeled as a cigar in at least seven places on the pack, in addition to clear merchandising messaging,” said John Geoghegan of Kretek.
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National Tobacco Issues Notice: Cigar Wraps Not Banned
Today, the National Tobacco Company issued the accompanying notice clarifying that Zig-Zag® Cigar Wraps are a cigar product and not affected by the FDA’s ban on flavored cigarettes or flavored cigarette papers.
Please note that Zig-Zag® Cigar Wraps are a Cigar product and are NOT a cigarette product. Zig-Zag® Cigar Wraps are designed to be used with Zig-Zag® Pipe Tobacco Cigar blend to allow adult consumers to make their own cigars. As such, these products are NOT impacted by the FDA ban on flavored cigarettes, flavored roll –your-own-cigarette tobacco, and flavored cigarette papers and filters.
If you have any questions, please contact National Tobacco Company Customer Service department at 1-800-331-5962 or
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. Thank you for your continued support in the marketing of our quality brands.
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Source: National Association of Tobacco Outlets (NATO).
