Posts Tagged ‘tobacco’

Press Release: Toraño Single Region Cigar Series– Serie Jalapa

Like winemakers’ terroir – with its critical contribution to the unique personality of a wine, the precise region and farm where tobacco is grown will ultimately determine the style and character of a premium cigar.

Toraño Family Cigar Company is introducing the first release in its Single Region Series at this August’s IPCPR 2010. The concept highlights the different characteristics of tobaccos grown on individual farms in various regions in the world’s best tobacco-producing countries. Each Serie will feature a blend that is created entirely from tobaccos grown on one carefully selected finca in one particular region. The blend’s flavor and aroma will reflect the influence of the region’s soil, weather and topography. The Toraños then apply their well-known blending artistry to create an in-depth smoking experience that reveals the character of this historic region’s tobacco.

Bruce M. Lewis, Vice President of Sales and Marketing, explains the birth of the concept: “I have always had an interest in the single region concept and how crucial it is to wine and coffee. In early 2008, I suggested to President Charlie Toraño that we experiment with blends of tobacco from only one farm. We soon realized blending such a cigar was not an easy task. Now, however, I know we have truly captured the characteristics and taste profile of tobacco grown in Jalapa.”

The first release, Serie Jalapa, features a blend of tobacco from the El Estero Farm in Jalapa, Nicaragua. This small farm, located in the country’s northernmost growing province, is irrigated by a centuries-old, natural stream on the property. Its mineral-rich water, together with the sandy, red clay soil, enables this farm to grow some of the finest and most aromatic tobacco in the world. Lewis’ tasting notes indicate Serie Jalapa is, “Incredibly rich, complex, layered and with a great presence of sweetness. The blend exhibits good strength that balances well with the rounded, luscious flavor.”

Charlie Toraño adds, “I am inviting all IPCPR attendees to stop by our pavilion (booths 2501, 2503, 2505, 2600, 2602, 2604) to experience the Serie Jalapa, available exclusively to brick-and-mortar retailers.”

Single Region – Serie Jalapa’s three sizes are: 5″ x 52 Robusto, 6″ x 54 Toro Grande and 7″ x 50 Churchill, with a suggested retail of $6.50-6.95. The cigars will appear on tobacco retailers’ shelves immediately after the August show, alongside the company’s equally revolutionary new blend, Master by Carlos Toraño.

A leader in the cigar industry, Toraño Family Cigar Company is a four-generation company. It enjoys a rich heritage and history in tobacco growing and manufacturing.

Press Release: Miami Cigar Debuts Nestor Miranda Art Deco Cigars

**UPDATE:  According to Janny Garcia there is no Pelo de Oro tobacco in this blend and the reporting of it in the press release was a mistake on the part of Miami Cigar.  Once I have the correct breakdown of the blend, I will fix the release accordingly.**

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New Dominican-Nicaraguan blend offered unique challenge for Pepin Garcia

MIAMI, FL — August 5, 2010 — In now another collaborative effort from the award-winning team of Nestor Miranda & Don Pepin Garcia, creators of the renowned Nestor Miranda Collection cigars, Miami Cigar & Company will officially announce their newest release, Nestor Miranda Art Deco at the IPCPR 78th Annual Convention and International Trade Show in New Orleans (August 9 – 13, 2010).

The blend consists of 60% Nicaraguan Pelo de Oro and 40% Dominican San Vicente, dual Dominican Criollo ’98/Nicaraguan Habano ’00 binder, and a dark, oily and aromatic Nicaraguan Corojo ’06 wrapper leaf affixed with a triple cap. A metallic band gives the cigars a finishing touch with a striking contrast.

Don Jose ‘Pepin’ Garcia, renowned for his creativity with Nicaraguan tobacco, has also chosen a Dominican San Vicente leaf, which comprises more than a third of the blend’s core leaves. Another Dominican-Nicaraguan combination is used for the binders. When capped with the Nicaraguan Corojo ’06 wrapper, the cigar offers a dark, rich-tasting smoke that provides a unique balance of aroma, flavor and strength.

“We wanted to get Pepin out of his comfort zone, which is using Nicaraguan tobacco,” said Nestor Miranda. “He accepted the challenge and came out with an amazing blend using 40% Dominican tobacco.”

In lieu of the traditional wood boxes, Nestor Miranda Art Deco is presented in a handsome, metallic art-deco designed tins of 21 cigars, in three popular sizes:

Coffee Break / 4.5 x 50
Robusto Grande / 5.5 x 54
Gran Toro / 6 x 60

For more information on Nestor Miranda Art Deco contact Miami Cigar at 1.800.643.7209 or online at www.miamicigarandcompany.com.

August 6, 2010Lindsay 1 Comment »
FILED UNDER :Cigar Industry , Cigars , Tobacco Industry News
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FL Congressman Kendrik Meek Criticized by Peers for Loving Cigars & Protecting Small Businesses

Check out this great political piece published yesterday in both The Miami Herald and the St. Petersburg Times.

Congressman Kendrick Meek was openly criticized by some of his peers for not just loving cigars — a very public fact that Meek has mentioned in the press — but protecting the rights of cigar smokers and B&Ms of all sizes throughout the state of Florida.  Meek openly says that government doesn’t and shouldn’t exist to close the doors on small business.  To make matters worse, Meek’s US Senate Democratic opponent Jeff Greene, went as far as to send out flyers on 23 July saying that Meek pocketed more money than any other Florida politician for opposing higher tobacco taxes and that the revenue generated from higher taxes was to go to childrens’ health programs.

Thankfully as you will read it was discovered that Jeff Greene’s claims were mostly unfounded and when examined, Meek did nothing wrong.  If not falling for the SCHIP bullsh*t and protecting an industry that is already over-taxed and under-appreciated is wrong, then I don’t know what’s right.  Yes, as a big fan of Padrón cigars Meek has helped the Padrón family to get face time with politicians regarding cigar taxes, but we actually NEED more politicans like Kendrick Meek who are not afraid of admitting they are cigar lovers: instead of hiding thinking you will lose votes or voter confidence, stand up for yourselves and stop lying fellow politicians.

All I know is we need a Kendrick Meek here in New York, and he (or she) could not come too soon….

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Congressman Kendrick Meek relishes a good cigar — Padrons are his favorite, he told Cigar Aficionado magazine in a 2008 profile. He hosts an annual cigar party and is known to hand out cigars to members of Congress and their staff, and the cigar industry has helped fund his recent campaigns, the magazine reported. Padron Cigars, a longtime family business, is headquartered in Little Havana in Miami.

Meek’s U.S. Senate Democratic primary opponent, Jeff Greene, attacks Meek for his ties to the tobacco industry in a campaign flier accusing Meek of standing with special interests.

Specifically, Greene wrote in a campaign flier that hit mailboxes around July 23, 2010, that Meek was “#1 in Florida in taking tobacco cash and then opposed a tax on cigars that would have helped pay for children’s health care.” Greene this week introduced a new TV ad that stated “Meek lobbied for big tobacco against children’s health care.”

We decided to examine the campaign flier. Did Meek rake in more money from the tobacco industry than anyone else in Florida and then oppose a tax on cigars that would pay for children’s health care?

Greene’s campaign cited the Center for Responsive Politics — an organization that analyzes campaign donations — as part of its proof, so we turned there first to check tobacco donations for Meek’s 2008 Congressional race and 2010 U.S. Senate race. The website shows that Meek received $77,325 from the tobacco industry in his 2010 race and $63,727 in his 2008 race. Those amounts put him at No. 1 among Florida candidates for House or Senate and Florida members of the House and Senate.

But Greene’s flier said Meek was “#1 in Florida” and did not specify whether that was only among federal candidates. There is no simple way to thoroughly check tobacco donations to all candidates across Florida including for state Legislature.

Next we checked Meek’s voting record on the U.S. Library of Congress website, particularly in 2007 and 2009, on bills that would raise taxes on the tobacco industry to help pay for children’s health care. Meek voted for the bill each time – but the background is more complex.

While Meek touted the law, behind the scenes he helped Miami cigar maker Jorge Padron get a meeting with top Democrats including House Speaker Nancy Pelosi so Padron could lobby against higher taxes, the Miami Herald wrote on March 24, 2008. Padron later hosted a fundraiser for Meek.

The Children’s Health Insurance Program Reauthorization Act of 2007 would have increased excise tax rates on cigars, cigarettes, cigarette papers and tubes, smokeless tobacco, pipe tobacco, and roll-your-own tobacco. Meek voted for the bill, referred to as the Small Business Tax Relief Act in the House, on Feb. 16, 2007. President George W. Bush vetoed the bill. Meek voted again for the bill on Oct. 25, 2007, and again Bush vetoed it.

The taxes on cigars would have soared from 5 cents to $3, a 6,000 percent increase, the Miami Herald wrote. That tax hike was too high, Meek said in the 2008 article, but he also supported the health care legislation by voting for it.

The Miami Herald wrote, “Asked why he would take a seemingly contrary stance by voting twice for the legislation, Meek explained that expanding healthcare was vital, adding, ‘We knew it was going to be vetoed. … My advocacy on behalf of the legislation is well documented in the congressional record. At the same time, I am sensitive to the fact that business owners facing a giant tax increase want to make sure that legislative leaders understand exactly what is going on. [The insurance program] is going to pass one day with my vote, but [I] don’t want the small businesses in Florida and in my community run out of business.’”

Meek also explained his concerns in the Cigar Aficionado magazine profile.

“The goal of government is not to put small businesses out of business,” Meek told Cigar Aficionado. “Speaker Pelosi and Chairman (Charles) Rangel are not about putting small businesses out of business. I thought that the tax increase (from 20.7 to nearly 53 percent) on the handmade cigar industry went a little bit too far. Well, not a little bit too far; it went too far. This would have hurt not only a lot of businesses in South Florida, but also those countries where the tobacco comes from. The Dominican Republic would have felt a direct effect of such a large tax [increase]. Also Honduras. Also Nicaragua.”

In 2009, the children’s health care legislation came up again, this time to raise the federal excise tax on cigarettes 61 cents, from 39 cents a pack to $1.01 a pack, and raise taxes on other tobacco products. Meek voted in favor of the bill, along with nearly every Democrat in the house, according to a Jan. 14, 2009, press release from Meek. President Barack Obama signed the bill into law in February 2009.

Cigar makers credited Meek with helping reduce the amount of the tax on cigar manufacturers, according to a Jan. 15, 2009, Tampa Tribune article. The article quoted Eric Newman, president of the Cigar Manufacturers Association of Tampa, as saying Tampa Democratic Rep. Kathy Castor “and Meek were very helpful and supportive of our positions.”

So where does that leave us?

Meek was clearly No. 1 in tobacco donations among Florida candidates for House or Senate in his 2008 race and 2010 race and is at the top among Florida’s members in the House and Senate. But Greene’s flier didn’t specify that the No. 1 label applied only to federal races and there is no simple way to check the tobacco dollars given to candidates across the state for various offices.

Greene also claimed that Meek “opposed” a tax on cigars that would have paid for children’s health care. Meek thought that the 2007 version was too high of an increase for businesses and he scored key meetings for a cigar maker with member of Congress, but he voted for the legislation anyway — twice that year. Meek again voted for the version that passed in 2009 when the cigar industry credited him with helping reduce the amount of their tax burden. We recognize he worked to lower the amount of the tax, but we think it’s misleading to say that Meek “opposed” a tax when he voted for it three times. Politicians are ultimately judged on their votes, and that’s why Meek’s votes for the legislation is crucial information here. We considered both parts of Greene’s claim and rate it Barely True.

Newsflash: NYC Lawsuit Against Graphic Anti-Smoking Signs Postpones Massachusetts Bill

The July 7th issue of the NATO E-News Bulletin reported that two New York City tobacco retailers and two New
York state trade associations along with Lorillard Tobacco Company, Philip Morris USA Inc. and R.J. Reynolds
Tobacco Company filed a federal lawsuit in June against the New York City Board of Health seeking a
preliminary injunction against enforcement of the resolution requiring tobacco retailers to display graphic anti-smoking signs. A hearing is set on this case for October 14, 2010 in the U.S. District Court in Manhattan.

This pending lawsuit has caused Massachusetts state legislators to postpone further action on a pending bill that
would require similar graphic anti-smoking signs in retail stores across the State of Massachusetts until after the
October hearing on the New York City sign requirement is held and a decision is issued by the federal judge.

Cuban Tobacco Industry Falls 14% Due to Economic Crisis and Anti-Smoking Laws

The article below is from Invertia.com, a Spanish financial website, and was originally published on 21 June 2010.  I’ve translated it into English, but if you’d like to read the original Spanish, please click here.

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The world economic crisis and the smoking bans implemented by various countries is effecting Cuba’s famous cigar industry, where the harvests of the country’s best tobacco has fallen 14% according to an official statement.

In the Pinar del Rio province (east), home to the famous cigar tobacco,  the harvest yielded 22.4 million leaves which is less than the 26 million from last year, according to the weekly newsletter “El Guerrillero.”

The tobacco leaves are used to roll and fill the most famous Cuban cigar brands, including Cohiba, Montecristo, Trinidad, and Partagás.  “The amount of seed planted had been reduced due to limited resources thanks to the economic crisis,” said one rotary.

Habanos cigars dominate the world’s “premium tobacco” market with 70% of its sales.  This statistic excludes the United States,  where it has been illegal to sell Cuban tobacco products because of the embargo Washington has maintained on Cuba for the last 48 years.

The tobacco industry has showed a decline in the last four years. In 2006 the production solely for exportation was under 217 million pieces;  in 2007 it was around 123 million, while last year the number was at 73 million.

Cuba, whose experienced dire problems with liquidity, had reduced the land used to farm tobacco by more than 30% last year.  The sales of cigars exported from the island fell to 218 million (177 million Euro) in 2009 compared to 243 million (197 million Euro) from the year before.

In contrast to all this, the domestic demand for Habanos of a lesser quality than premium — which cost pennies to make and utilize tobacco from other parts of Cuba — has not shown signs of slowing down.  Around 300 million of these types of cigars were made in 2009 compared 278 million in 2008, according to the Cuban government.

The 200,000 private farmers — including their families — depend on the cultivation and curing of these precious leaves that they sell under government-granted contracts.  The industry itself employs thousands of rollers and other specialists that make a living producing the famous “Habanos” for export sales. -

Uptown Cigar Company Says “Thank You” to Its Customers

Friday, 18 June 2010 was both fun and bittersweet.

From L to R: Israel Markevitz, Lindsay M Heller, Marvin Samel

Having taken the day off from my own job in the cigar business, I headed upstate to Kingston, NY to attend a herf & BBQ in honour of Uptown Cigar Company.  As many of you may have heard, Uptown Cigar is the first of what might be many more tragedies here in New York State.  Owner Michelle Tuchman is sadly closing the doors of the 14 year-old brick & mortar and moving the business to West Palm Beach, FL due to the inability to stay competitive with the exorbitant tobacco taxes levied on those of us here.

The party started from normal store hours and went until the wee hours of Saturday morning, and at its height easily

Many guests crowded into the retail area to listen to owner Michelle Tuchman give a touching speech.

had over 60 people.  Hosted by the Tuchmans and Uptown’s long-time manager, Israel Markevitz, this gathering was a means for the Uptown family to say “thank you” to their loyal customers and all those they have done business with over the years.  Speeches were made and stories were told as everyone smoked their favourite cigars, but through the laughs there were tears, since many of these customers have felt like the government has caused them to lose their home away from home.

Amongst the guests was Drew Estate’s co-owner Marvin Samel, who not only is a long-time friend of owner Michelle Tuchman, but as Tuchman recounted, one of the first cigar companies she ever had the pleasure of doing business with after opening well over a decade ago.  Samel was on-hand throughout the afternoon and evening and in his usually cheerful and quirky manner, gladly taking pictures with Drew Estate fans and sharing cigar stories. Perhaps an even more special appearance was that of 10 year-plus customer Floyd T. Combs, who surprised the Uptown Cigar crew with a visit having driven in all the way from Kentucky just for this event.

From L to R: Marvin Samel, Michelle Tuchman, Bruce Tuchman, Floyd T. Combs, Isy Markevitz

While Uptown Cigar Company will no longer be operating out of Kingston, they will be fully functional in West Palm Beach and Manager Israel Markevitz, aka “Uptown Isy,” will reprise his role in Florida effective 1 July 2010.

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I’ve said it before and I’ll say it again: forget what you think about the government and use this as a personal call to action.  These crazy tobacco taxes and smoking bans were actually defeated in the state of California all because shop owners and patrons were so motivated that they flooded the offices of elected officials with e-mails, phone calls, faxes, and signed letters proving that there is strength in numbers. California patrons were so successful in their plight that their state is the first in the Union to actually have lowered the tobacco tax from 46% to 33%.  It’s bad enough that Uptown has had to uproot itself, so please let this be a lesson and don’t let poorly-run government extinguish honest small businesses.

NATO News Update: FDA Guidance Report, PACT Act, NYC Warning Sign Challenge

FDA Issues Draft Guidance Report on Sell Through Question

On Saturday, June 5th, the FDA’s Center for Tobacco Products issued a document titled “Draft
Guidance for Industry: Use of “Light,” “Mild,” “Low,” or Similar Descriptors in the Label,
Labeling, or Advertising of Tobacco Products”. This Draft Guidance states that wholesalers and
retailers may distribute or sell tobacco products in their possession for which the label, labeling, or
advertising contains the descriptors “light,” “low,” or “mild,” or any similar descriptor after July 22,
2010. There is no time limit or time period for wholesalers and retailers to sell out their inventory
of these tobacco products with descriptors. This regulation on descriptor terms does not affect
cigars or pipe tobacco. A copy of this Draft Guidance accompanies this NATO E-News Bulletin
(see the last page for the confirmation of the ability to sell through product).

Postal Service Issues Final Rule to Implement PACT Act

On Friday, June 4th, the U.S. Postal Service issued the Final Rule to implement the provisions of the
PACT Act prohibiting the mailing of cigarettes, roll-your-own tobacco and smokeless tobacco. A copy
of the Final Rule accompanies this NATO E-News Bulletin. The Final Rule takes effect on June 29,
2010 and will prohibit the mailing of cigarettes, roll-your-own tobacco and smokeless tobacco in the
continental United States. Any of these tobacco products deposited into the mail are subject to seizure
and forfeiture and the sender of the tobacco products is subject to criminal fines, imprisonment and civil
penalties. There are limited exceptions to allow packages of these tobacco products to be mailed within
the States of Alaska and Hawaii and for mailing of these products between tobacco industry businesses.
Pipe tobacco and cigars are not regulated by the PACT Act and can continue to be mailed.

New York City Warning Signs Challenged

Altria Group, Lorillard, Inc., Reynolds American, Inc., two retailers and two retail trade
associations have filed a lawsuit in U.S. Federal District Court challenging the New York City
Board of Health’s ordinance requiring graphic anti-tobacco health warning signs be posted in retail
stores that sell tobacco products. The lawsuit includes claims that the federal government warning
label regulations pre-empt this action by New York City’s Board of Health and that the ordinance
infringes on the right to communicate with consumers about lawful tobacco products. This
litigation will be monitored and NATO members will be updated regarding further developments in
this case.

State Legislative Updates

Connecticut: A proposal that would increase taxes on other tobacco products from 48.59% to
65.03% passed the Connecticut Senate, but the Connecticut House did not concur. The proposal is
in conference committee. An earlier version of this bill included a proposal to raise cigarette taxes
by 20 cents per pack was defeated.
Illinois: The Illinois legislature concluded its session last week without raising the state excise tax
on cigarettes. A bill would have raised the cigarette tax rate by $.50 per pack for each of the next
two years.

For Every Problem There Exists Multiple Solutions

I think the title speaks for itself.  If you’re an adult you know this to be true and life today is certainly not as black and white as in the days of “Ozzie and Harriet.” With that being said, I’d like to take this space and discuss something that has been occupying a lot of my time: fighting for fairness in the tobacco industry.

If you are not a resident of New York State or obsessed with tobacco legislation like myself and my colleagues, you may not know that here in the Empire State we have a problem.  (Well it’s more like we have a problem that is creating more problems by the name of David Paterson and his so-called ideas to close the budget gap.) According to the most recent figures we have a $9.2 billion deficit for FY2010 and our “governor” — I use that title in quotation because not only does he refuse to lead, but when he attempts to try he fails MISERABLY — thinks that there are certain items that should be taxed in order to make up the missing money the state needs to operate.

First and foremost, I am all for taxing sugary drinks, soda, fatty foods, etc. : I know the argument is that lower income neighbourhoods will suffer, but not if this is done correctly.  I live in Central Harlem and while my area is beautiful and I love my neighbours, we obviously don’t have the same cash-flow as someone living on 72nd and Fifth.  I can vouch that places like Harlem and Washington Heights are riddled with greasy Chinese take out spots, pizza places, and thirty thousand types of fried chicken restaurants, but we do lack access to proper produce in our grocery stores and bodegas.  It’s not that we always don’t know what to eat but it’s the ability to procure fresh fruit and vegetables that is the problem, and so with this fat & sugar tax there needs to be a concerted effort to give of the markets above 96th St the ability to sell produce that is edible.  There are way too many obese and morbidly obese people in this country (and this state) and the battle starts at home.

Now onto the heart of my argument: the proposed tobacco tax. Here in New York we have the highest taxes on tobacco products in the Union along with California.  At 46% when you purchase a cigar or pack of cigarettes literally half of what you pay goes to the government.  Gov. Paterson thinks that raising the tax to 90% is going to solve New York’s problems because the guy who weighs 500lbs is worried about paying more than $2.00 for a 20 oz Pepsi and over $3.99 for a jumbo bag of Doritos.  I hate to say it, but if smokers and tobacconists alike do not unite and remain strong and badger elected officials with phone calls/faxes/e-mails/letters providing lucid arguments then all of your favourite B&Ms will be forced to close their doors.  Aside from losing the ability as an adult to freely walk into an establishment and enjoy a fine cigar, think about the hundreds of years and tradition — often family owned and operated –that will be lost along with jobs of hardworking tobacconists who not only love their craft, but have become a part of your life as your friend.

The silliest part of this whole situation is that these elected officials are not businessmen.  They have no concept of the economic ramifications that exist if their tax increase makes us close our doors. Tobacco is historically a cash crop and will always be that in one form or another, and it creates revenue for the government today as it did for the monarchies of Old Europe centuries ago.  If New York is running around and complaining about budget deficits could you imagine what would happen if the State received NOTHING from the sale of tobacco?  We already went the prohibition route with alcohol and that backfired in a plethora of ways, but government officials don’t seem to realize that making the same mistake twice is ludicrous. This is not algebra class, folks: a negative multiplied by a negative does NOT equal a positive.

All anger and frustration aside, there are things that should be done to create more revenue and have the government leave tobacco alone.  In a discussion with a friend this morning who was complaining about our new licenses plates (which are mandatory), he not only mentioned he didn’t like the colours/design, but how each car must have these plates within two years.  News flash: $25 multiplied by the millions of cars registered here in New York will create billions of dollars in state revenue.   In addition to the license plates and the so-called “fat tax,” is there really any harm being done to tax those who earn a substantial income at a higher rate?  Taxing the rich would create a lot of windfall dollars that are ultimately necessary would by no means put that big of a dent in the life of the opulent.

The government is too big. Too many cooks in the kitchen and that costs money, so why not reduce the size of the government to reduce spending?  To be perfectly honest only three real politicians here have the power, so why not weed out what is unnecessary, such as agencies funded by the government that could be consolidated with their counterparts? On an even more practical level let’s reform the budgetary process in general because all of the nonsense that goes into creating and attempting to ratify a budget often costs millions of dollars, and much of that time is spent with officials twiddling their fat thumbs.

I’m sure you all have the same feelings I do: no more taxes, no more fees, and leave tobacco alone.  In the past two years between City and State we’ve had four new taxes levied on us here for tobacco and that’s just ridiculous. Whether you are a tobacco enthusiast, tobacconist, shop owner, or occasional lover of cigars you need to exercise your rights and make your voice be heard.  I have seen instances before where collective efforts, calculated arguments, and large numbers are not ignored and proposed tobacco legislation is defeated.   If you are unsure of where to go, please talk to your local tobacconist who can provide you with form letters where all you have to do is sign your name in support of this cause.  If any of you want to contact me I have letters, names, and addresses of those you can write to, e-mail, call, or fax and I would be happy to send you what you need to stand up and let your voice be heard

“I think myself that we have more machinery of government than is necessary, too many parasites living on the labor of the industrious.” — Thomas Jefferson

NATO Bulletin: Tobacco Taxes, PACT Act, & the FDA

NATO Continues with Tax Windfall Strategy

NATO is continuing with an effort to educate lawmakers about the potential tax windfall that states will likely receive as a result of the federal Prevent All Cigarette Trafficking Act (PACT Act).  To date, NATO has sent letters regarding the likelihood of the tax windfall to lawmakers in Connecticut, Illinois, Kansas, Minnesota, New Hampshire, New York and the governor of South Carolina.  A reply letter from New York State Assemblyman Brian Kolb acknowledging the tax windfall is reproduced with the Assemblyman’s permission in the cover e-mail message that accompanies this E-News bulletin.

This week, NATO also sent a letter to New Jersey Assemblyman Louis Greenwald who just last month introduced Assembly Bill Number A.2590 to reduce the New Jersey cigarette tax rate by $.30 per pack from the current $2.70 per pack rate to $2.40 per pack.  The NATO letter indicated that the likely tax windfall may be an argument in favor of reducing the state’s cigarette tax rate.

Postal Service Issues Proposed Rule to Implement PACT Act

Today, the U.S. Postal Service published a Notice of Proposed Rule in the Federal Register to implement the provisions of the PACT Act prohibiting the mailing of cigarettes, roll-your-own tobacco and smokeless tobacco (see accompanying Federal Register notice).  According to the notice, the Postal Service will attempt to publish a final rule effective June 29, 2010 to cover the general non-mailability provisions of the PACT Act.  Public comments to the proposed rule must be submitted by May 17, 2010.  NATO plans to submit comments supporting the proposed rule.

Specifically, the proposed rule states that cigarettes, roll-your-own tobacco and smokeless tobacco cannot be mailed in the continental United States.  Any of these tobacco products deposited into the mail are subject to seizure and forfeiture and the sender of the tobacco products is subject to criminal fines, imprisonment and civil penalties.  There is a limited exception to allow packages of these tobacco products to be mailed within the States of Alaska and Hawaii.  Cigars can continue to be mailed.

Moreover, the Proposed Rule states that due to the complex verification process to ensure that these tobacco products are not mailed and the severe penalties for violating the law, the Postal Service has also concluded that cigarettes, roll-your-own tobacco and smokeless tobacco cannot be handled through the U.S. Mail either outbound to international destinations or inbound from international locations.  As stated in the notice, “the Postal Service does not believe that any alternative exists at this time to allow U.S. mailers to tender cigarettes and smokeless tobacco as outbound international mail or to receive them as inbound international mail under the PACT Act’s exceptions.”  This position should further reduce the sale of these tobacco products from Internet sellers located outside the U.S.

FDA: Court Decision Striking Down Color Ad Ban Applies to All

The FDA is required under the recently enacted tobacco regulations to reissue its 1996 rule banning color advertisements of tobacco products.  However, given the Kentucky Federal District Court decision issued in January of this year which struck down the color advertising ban, the FDA just issued a “Guidance” document which states the agency will not take any enforcement action regarding color tobacco advertisements against any retailer, wholesaler or manufacturer while the FDA’s appeal of the Kentucky court decision is pending.  A copy of the FDA Guidance notice accompanies this bulletin.

In New York, More Evidence the Tobacco Tax Has Everything to do with Big Government

Check out this post from the website Americans for Tax Reform about the very sad, hidden agenda behind Gov. Patterson’s desire to raise the tobacco tax here in New York State from 46% to 90%.

Many thanks to Israel Markevitz of Uptown Cigar Company for bringing this article to my attention!

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From Joshua Culling on Tuesday, May 4, 2010 5:56 PM

David Paterson’s New York is in a whole heap of trouble. The state is barely keeping its head above water with a series of stop-gap spending bills to keep the lights on until the legislature and Gov. Paterson take serious action to bring the budget into balance. This is almost certain to be achieved via what is becoming an annual tradition in Albany – crippling tax hikes coupled with spineless defferal of responsibility to next year’s crop of politicians.

Looking at the governor’s latest “gap-closing plan” – I prefer to call it a status quo maintenance plan – a couple things jump out. Among roughly $1 billion in “revenue actions,” he includes yet another tax increase on tobacco products. In addition to his previous call for a $1 per pack cigarette tax increase, Paterson now insists on a 95 percent tax increase on chewing tobacco, cigars, pipe tobacco, and rolling tobacco, along with a whopping 122 percent tax increase on snuff.

Reading further, though, we get to the interesting part:

Reduce DOH Tobacco Prevention Program (2010-11 Savings: $5 million; 2011-12 Savings: $5 million): This proposal would reduce funding for the Tobacco Prevention Program from $57 million to $52 million. The program supports a variety of tobacco use prevention/cessation initiatives. When coupled with the proposal in this package to increase the tax on certain tobacco products (see section on Revenue Actions below) the overall effectiveness of the State’s efforts to reduce the tobacco use by adults and adolescents will not be impaired.

Now, we can quibble about whether government-funded smoking cessation programs work. Dr. Michael Marlow argues that any link between such cessation programs and lower incidences of smoking is a tenuous one. The National Cancer Policy Board argues they do. I certainly won’t use this space to rail against cuts in government spending on any type of program.

But the Paterson plan proves a point we’ve been making for years: Tobacco tax increases have the express purpose of growing the size of government. Politicians do not care about the supposed health benefits; if they did, they wouldn’t be cutting smoking cessation programs. They care about the revenue. And what better way to ensure government growth continues unchecked than by taxing 20 percent of the population? What incentive is there for a non-smoker to oppose high levels of spending if they are not footing the bill?

This is why smokers and non-smokers alike should oppose tobacco tax increases. It’s nothing more than frivolous politicians gaming the system to raise more money for their politically connected friends and porky special interest spending priorities. The next time a politician says “I hope we raise zero revenue from this bill because it causes everyone to quit smoking,” think back to the situation in New York. Or the other 15 jurisdictions that raised cigarette tax rates in 2009 and didn’t spend a dime of it on smoking prevention.