SACRAMENTO – the Board of Equalization (BOE) has announced that it has notified wholesalers and distributors that it is illegal to sell flavored cigarettes or roll-your-own (RYO) under the federal U.S. Food and Drug Administration (FDA) provision of the Family Smoking Prevention and Tobacco Control Act.

The BOE sent a special notice by email informing them of this new federal regulation, according to Chairwoman Betty T. Yee.

Under federal law, these products can no longer be manufactured, imported or sold in the United States and could be seized by federal, state or local law enforcement authorities.

Cigarettes and RYO products banned by the FDA have been and continue to be removed from the California Tobacco Directory by the California Attorney General and the California Department of Justice.

This federal ban prohibits a cigarette or any of its component parts (including the tobacco, filter, or paper) from containing, as a constituent (including a smoke constituent) or additive, an artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee, that is a characterizing flavor of the tobacco product or tobacco smoke.

For general information regarding the FDA’s Tobacco Program and the ban on flavored cigarettes and RYO products, please refer to the FDA’s Web site at www.fda.gov/TobaccoProducts/default.htm.
To access the product listing on the California Tobacco Directory, please refer to the AG’s Web site at http://ag.ca.gov/tobacco/directory.php .

It is illegal for distributors to affix a California tax stamp on packages of cigarettes or pay the tax on roll-your-own product unless the manufacturer and the brand family are listed in the California Tobacco Directory.
For more information on other taxes and fees in California, visit www.taxes.ca.gov.

27 November 2009

The U.S. Food and Drug Administration is enforcing the flavored cigarette ban provision of the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) by issuing several warning letters to companies continuing to sell illegal flavored cigarettes to consumers in the United States through their Web sites.

The warning letters directed the companies to cease the marketing and sale of these products immediately or to take other appropriate action to bring the products into compliance with the law. Failure to do so may result in additional regulatory actions such as seizure or injunction. In addition, FDA requested a written response from each of the companies within 15 days outlining the corrective actions taken.

Enforcement of the flavored cigarette ban is FDA’s effort to remove cigarettes that contain certain candy or fruit flavors from the marketplace. Removal of these products from the market will assist in the prevention of children and adolescents from starting to smoke and in the reduction in death and disease caused by smoking.

“FDA takes the enforcement of this flavored cigarette ban seriously,” said Lawrence R. Deyton, M.S.P.H, M.D., director of FDA’s Center for Tobacco Products. These actions should send a clear message to those who continue to break the law that FDA will take necessary actions to protect our children from initiating tobacco use.”

The Tobacco Control Act, which was passed by Congress and signed by the President in June 2009, specifically called for a ban on cigarettes containing certain characterizing flavors. On Sept. 14, 2009, FDA sent a letter to regulated industry reminding them that the ban would go into effect on Sept. 22, 2009. FDA also stated in the letter that any company who continued to sell such products after the Sept. 22, 2009, effective date may be subject to FDA enforcement actions.

Since the effective date of the ban, FDA has examined products offered for import and searched the Internet to identify illegal products. As a result, FDA issued several warning letters to companies and Web sites that continued to market and sell these illegal products over the Internet to consumers in the United States. The warning letters were the result of Internet searches conducted by FDA’s Office of Enforcement and the Center for Tobacco Products.

FDA posted the warning letters that detail the offending websites and flavored cigarette products on the agency’s Web site. Review warning letters issued by FDA:
http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/default.htm

Report possible violations of the flavored cigarette ban:
www.fda.gov/flavoredtobacco

The Food and Drug Administration has now banned flavored cigarettes in American in an attempt to lower the teen smoking rate. Clove and mint and chocolate flavored cigarettes will no longer be sold in the U.S. But already tobacco companies are finding loop-holes in the new FDA rules.

The packaging was sleek with the promise of a sweet smell and taste.

“I saw two of them,” says Adina, 15. “One of them was, like, Kahlua flavored, and one was, like, lime.

Another teen, who doesn’t want us to use his name, says he tried them once. “I guess ‘cause it had a flavor to it.”

Flavored cigarettes are now banned under new FDA legislation, but tobacco companies have found a way to keep their hands in the primarily under-30 market: flavored cigars.

Still, experts say, parents have the power to keep their kids from picking up the habit. “Sitting down and talking about how advertising works, how companies — regardless of what they’re advertising — what hooks they use in trying to manipulate you into buying products,” says Linda Lee, anti-smoking advocate.

Forrest, 18, says teens can take matters a step further. “They’re marketing towards us, and there’s not much we can do about it but just not buy it.”

Tips for Parents
Patrick Reynolds was the first tobacco industry executive to turn his back on the cigarette makers. His grandfather founded tobacco company R.J. Reynolds, but the family’s cigarette brands, Camel and Winston, killed his father and eldest brother. He has devoted his life to the goal of a smoke-free society and motivates young people to stay tobacco free. Patrick Reynolds first spoke against tobacco to Congress in 1986. Over the years he has reached over a million youngsters through his talks to school groups.

■One study shows that 25 percent of 12- to 13-year-olds who smoke as few as two or three cigarettes a day become addicted in just two weeks.
■It takes the average smoker 17 years to quit.
■Tobacco products cause mental and physical addiction in users.
■It’s very hard to quit: 95 percent who quit without an aid go back to smoking within a year, 85 percent of those who use a patch, gum or other program to quit are unsuccessful for more than one year.
■The average smoker spends $1,200 on the addiction each year.
■Most smokers started smoking as teens, and 40 percent of smokers will die from a disease resulting from their addiction.
■In the United States, smoking causes one of every five deaths. Cigarettes kill 1,200 Americans every day, or 420,000 Americans each year. Globally, deaths total 5 million annually.
Every day in the United States, 3,000 teens become newly addicted to smoking. Smoking ads are designed to manipulate minds. Teens represent any business’ future. Tobacco companies are extremely sensitive to this fact and look to find new users in young demographics.

■Today 75 percent of Americans do not smoke, and this percentage is even lower among teens. Remind children that being a non-smoker is normal and widely accepted.
■Eighty-six percent of teens say they don’t want to date someone who smokes.
■Movie characters are more likely to smoke than people in real life. Films mislead many teens into thinking that smoking is more popular than it really is.
■Stores are paid up to $100 a month for each countertop display of tobacco products in the store. Plus, they make a lot of money from the cigarettes their customers buy.
■In many places it is illegal to smoke indoors. Tell your child that he or she will be smoking outside of his or her future workplace and college and will be doing so in the heat, cold, rain, snow, etc.

Oct 7, 2009

OTTAWA — Flavoured-tobacco controls are one step closer to becoming law.

The Senate has passed a bill that would ban flavours and additives in cigars and cigarettes

Bill C-32, also known as the Cracking Down on Tobacco Marketing Aimed at Youth Act, would ban all flavours and additives in tobacco products except for menthol.

The government says tobacco companies add fruit flavours and vitamins, sugar and other additives that taste like candy to little cigars – called cigarillos – to mask the tobacco’s harshness and appeal to kids.

The legislation unanimously passed the House of Commons in June with the support of all three opposition parties.

But the Quebec Conservative caucus, led by former foreign affairs minister Maxime Bernier, deemed the legislation too broad.

They said the bill, as is, would ban hundreds of other ingredients, including some used to make American blended cigarettes that contain burley tobacco.

But the Quebec Tories apparently changed their tune last week after a closed-door caucus meeting with Health Minister Leona Aglukkaq.

CONCORD, N.H. — Members of an after-school drug prevention program in Dover, N.H., are looking forward to a Halloween spent celebrating instead of advocating now that a federal ban on flavored cigarettes has taken effect.

About 60 members of Dover Youth to Youth spent Halloween night three years ago demonstrating against the candy-, fruit- and clove-flavored cigarettes, which health and federal authorities say are more appealing to youth. They held up a huge target that read “Don’t Target ( TGT – news – people ) Us,” and made mock candy boxes that played off the names of candy brands: “Tarburst” instead of “Starburst,” “Amonia Mints” instead of “Junior Mints.”

“We used some of the chemicals that are in the tobacco and had them on candy boxes to say `Why would you want these chemicals in your candy? Why would you want the candy in your tobacco?’” said Molly Martuscello, 17.

The group also lobbied lawmakers including Sen. Judd Gregg, R-N.H., who wrote the language banning the manufacturing, importing, marketing and distribution of the flavored cigarettes. Gregg was heading to Dover on Friday to thank the students for their efforts, which included trips to Washington to keep the pressure on.

“It’s been a great help to have them engaged this way, and partially as a result of their engagement, the bill became law and now these cigarettes are banned,” Gregg said in a phone interview Thursday. “So they can take great pride in the success of their community activism and their lobbying of their representatives.”

Youth to Youth is coordinated by the Dover Police Department and includes more than 100 students from four middle and high schools. Capt. Dana Mitchell, the group’s coordinator, said the group has done presentations in schools, recorded public service announcements and held multiple protests aimed at raising public awareness

The group’s message to the tobacco industry is, “Hey, what are you doing making a tobacco product that includes those kinds of flavorings?” Mitchell said.

“It just makes it easy as an entry-level product into to the tobacco world for young kids.”

The ban on flavored cigarettes was one of the first visible signs of the Food and Drug Administration’s new authority to regulate tobacco. The law granting that authority was signed in June. The parent company of market-leading Philip Morris USA supported the legislation, while its two chief rivals opposed it and have joined with smaller tobacco companies in challenging parts of the law.

Members of Youth to Youth will be watching, said Olivia Loos, 16.

“They’re fighting, but we’re obviously going to keep fighting back,” she said.

“Jubilee blend,” and “Chocolate cigarillos” might make smoking sound tasty. However,starting this month, a federal law will ban flavored cigarettes and cloves. Tobacco companies are already finding loopholes.

Marie Cunningham, 27, has been smoking for 11 years. Her smoke of choice, flavored cigarettes, cost $8.95 plus tax.

Cunningham says, ” They taste a lot better than most of the regular cigarettes. They’re a little more expensive, but I like them.”

At the end of this month, they’ll be illegal and no longer sold because they’re thought to appeal to children.

Cunningham disagrees saying, ” I don’t really see the point in it. I’ve never seen a kid buying a ten dollar package of cigarettes.”

Discount Tobacco store manager Javier Esquivel says, ” Personally I just think they’re trying to control everybody. They’re taking away one liberty at a time. ”

After September 22, only regular or menthol cigarettes will be legal. Anticipating the change, tobacco companies are already trying to stay a step ahead.

Back in June of this year, the Obama administration decided that the FDA has the right to regulate tobacco. So far, they’ve outlawed the flavored cigarettes.

They have the right to do the same with flavored cigars, but it hasn’t happened yet. As a result, tobacco companies are switching to flavored cigars and making them smaller.

Flavored cigarettes are currently wrapped in white paper. Flavored cigars are the same size, but wrapped in tobacco leaves.

Many are wondering how the law will be policed and if it’ll be adjusted to include cigars.

In a statement Siobhan Delaney with the Food and Drug Administration had this to say, ” We do not discuss our enforcement policies. We will be closely monitoring the industry to see whether flavored cigars do in fact rise in popularity.


Copyright © 2009, KDAF-TV

Let the hoarding commence. In news that is sure to outrage smokers everywhere—and coincidentally should outrage anyone concerned with preserving their freedom of choice and combating the money-grubbing-vice-grip lobbyist have on the country’s legislative body—the wheels have been set in motion to ban flavored and clove cigarettes.

As part of the Family Smoking Prevention and Tobacco Control Act that President Obama signed into law June 22, starting today, the selling of flavored or clove cigarettes will be illegal, reports Examiner.Com. Though the law is being touted as an attempt to strike a blow at tobacco companies targeting younger generations with kid-friendly flavors, the statistics just don’t match up.

A major champion for this pretty piece of legislation is Philip Morris, the manufacturer of Marlboro cigarettes, coincidentally the brand 52 percent of teen smokers say they prefer according to a report by the Center for Disease Control and Prevention, which came out in articles like this one from MSNBC back in February before the law was passed.

Maybe it’s just me, but it seems a tad bit difficult to protect people’s health through legal avenues when the very people endangering it are helping write the legislation.

Hookah lounges are a growing trend in the college scene and have become a popular social destination for many downtown patrons. Stemming from roots in India and the Middle East, a hookah is a multi-stemmed water pipe that functions for the purpose of smoking molasses covered tobacco, which range in flavors everywhere from common fruits to coffee flavors.

Over the years, hookah venues have popped up all throughout High Street, on campus and in the Short North. However, a brand new hookah establishment has recently made its grand opening, which some say has evolved the definition of a hookah lounge.

With two floors, multiple flat screen televisions mounted on the walls, laser shows, eclectic music, and special V.I.P. rooms available, the Blue Camel Hookah Lounge has brought a fresh perspective to college students in search of an alternative to the night club scene.

“Totally different than any other place in town,” said OSU student Kara Schafer. “I think Blue Camel is a really nice place for hanging out with friends and enjoying hookah. The employees are very good at their job and knowledgeable, and the environment is very soothing.”

While the early mornings and evenings present patrons with a nice calm atmosphere, the Blue Camel Hookah Lounge’s late hours of operation provide plenty of time to turn up the music and allow guests to enjoy lively entertainment.

“What makes Blue Camel so unique is it offering a comfortable, up beat atmosphere featuring live entertainment on weekends,” said employee Brennan Steele.

This past weekend, live performer Iskilaaji was featured at the Blue Camel. With special live entertainment ranging from various bands to stand-up comedy to belly dancers, management at Blue Camel promises to bring only the best weekend entertainment to their establishment.

The traditional Somali food is also a favorite, especially the sambusa, and according to Blue Camel staff, going at only $1.00 an item, they fly off the platters as fast as they can stock them. “I’ve never had Somali food before,” said Schafer, “but [I] found the items they serve not only delicious, but affordable and filling,”

Running such a large venue, and at such late hours, could raise concerns about security, but with a security team that ranges from U.S. Marine training to private security and bouncing experience, combined with both armed and unarmed personnel, patrons of Blue Camel can be sure to feel nothing but protected even into the early morning.

“The team is committed to preventing incidents before a response is needed,” said head of security Drew Livingston. “[This is] to ensure the safest environment possible for its patrons to enjoy themselves.”

The Blue Camel Hookah Lounge is located at 3071 Cleveland Avenue and is open until 4 a.m. Monday through Wednesday and until 6 a.m. Thursday through Sunday. Happy Hour offers hookahs at a discounted price until 9 p.m., when they go back to regular price.


© August 19, 2009 Uweekly

MECKLENBURG COUNTY — Mecklenburg County is a producer of over seven million pounds of tobacco each year and Brunswick County produces 3.9 million pounds. Tobacco produced in the two counties become a part of what is known as an American blend. The Canadian Parliament is seeking legislation to ban the American blend in Canada, according to officials.

The Virginia Farm Bureau (VFB), the International Tobacco Growers Association, the North Carolina Farm Bureau, Phillip Morris International, the Burley Tobacco Growers Cooperative Association and many other organizations and businesses have joined the fight against the Canadian bill.

The bill, known as C-32, has passed the Canadian House of Commons and will likely be considered by the Canadian Senate when it returns in September, according to VFB Communications Director Greg Hicks. He said that the Canadian Parliament is “rushing” the bill through to get it passed.

He said the ban of the American blend, namely burley tobacco, would cause undue hardships on Mecklenburg County farmers and those across the state. He said the ban could also lead other nations to follow “Canada’s protectionist lead,” which ultimately could destroy an entire segment of the American tobacco-growing community.

According to VFB representative Pam Whiley the impact of the bill on Mecklenburg County is that 59 farms, according to the 2007 census, grow tobacco on a total of 3,600 acres. She said those farms harvest about 7.8 million pounds of tobacco. She said that most of this is flue-cured tobacco but that there are many burley tobacco farmers in the county. Mecklenburg County was ranked second among flu-cured tobacco production in the state.

The same census said that Brunswick County grows tobacco on 1,600 acres and harvested approximately 3.9 million pounds and was ranked fourth in the state.

Hicks noted that the original bill, that now contains the ban of American tobacco, was to prohibit candy-flavored cigarillos.

“We agree with the Canadian Parliament that candy-flavored cigarillos that are clearly targeted to minors should be banned,” VFB President Wayne F. Pryor said. “There is no place for these products in a responsible tobacco market.

“But C-32 goes way too far. This discriminatory bill targets American blend cigarettes and American growers of burley tobacco, while not banning the more popular Canadian tobacco. If this legislation is enacted, people working in the American tobacco industry will needlessly lose their jobs, and support for continued free trade between the United States and Canada will be diminished,” Pryor said.

The VFB has joined with other agricultural organizations in an advertising campaign against the ban. The advertisements will appear over the next two weeks in publications such as Roll Call, The Hill and Politico and in newspapers read by members of the U.S. Congress, U.S. Senate, and President Barak Obama’s administration, according to VFB.

One advertisement titled “Barn” shows a barn with an American flag painted on the side and urges elected officials not to let Canadian politicians destroy American farm jobs and asks them to speak out against the measure.

The “Farm Couple” advertisement shows a farming couple standing outside with a symbol suggesting they have been banned in Canada.

Hicks noted that organizations in Canada, such as the Canadian Chamber of Commerce, are in opposition to C-32 as is the United States Chamber of Commerce. Each of the Chambers has sent letters noting their opposition to U.S. representatives including Congressman Tom Perriello (D-5th).

On June 11, Perriello sent letters to two members of the Canadian House of Commons, the Canadian Ambassador and the Canadian ministers of international trade and the minister of industry. He then sent off another round of letters to seven Canadian senators on July 16.

“On behalf of the over 800 tobacco farmers in the Commonwealth of Virginia and in strong support of the approximately 400 tobacco farmers in the 5th District of Virginia, I write to express my deep concern regarding Canadian Bill C-32,” Perriello said in the letters. “Bill C-32 is a protectionist measure that would ban all American-style cigarettes in Canada. This would have a strong negative impact not just on the livelihood of my constituents but also on the trade relationship between Virginia and Canada.

“As drafted, Bill C-32 dictates a broad ban on the use of favoring in cigarettes. While well intended in protecting youth from sweet-flavored cigarettes, it would additionally ban the sale and manufacture of American blended cigarettes. American Blended cigarettes are made with multiple types of tobacco and a small amount of flavors. These are not “characterizing flavors” detectable to the smoker, but rather an important part of the manufacturing process. By banning the vast majority of U.S. cigarette exports to Canada, this bill would deny the tobacco farmers I represent an opportunity to sell their products to any company for sale in Canada,” Perriello held.

He noted that Canada’s Prime Minister Stephen Harper had a commitment to fair and open trade with the U.S.

“I urge your opposition to this legislation,” Perriello concluded.

“The Canadian Parliament should stop and think before they destroy American jobs and increase trade tensions,” VFB Director of Commodity Marketing representative Al Glass said. “There is too much at stake for them to rush forward with this misguided, job-destroying piece of legislation.”


© Examiner