United States of America 

FEDERAL TRADE COMMISSION 

Washington, D.C. 20580 

Division of

 Advertising Practices 

MEMORANDUM 

TO: Public Records 

Office of the Secretary 

FROM: Bonnie McGregor 

 Division of Advertising Practices 

DATE: October 5, 2023 

SUBJECT: Rotational Health Warnings for Cigarettes

 File No. P854505 

Please place the attached documents on the public record in the above-captioned matter. 

1. September 29, 2021 letter from Robyn Y. Ettricks on behalf of Philip Morris USA Inc. to 

Rick Quaresima. 

2. October 4, 2021 letter from Serena Viswanathan to Robyn Y. Ettricks on behalf of Philip 

Morris USA Inc. 

3. November 3, 2021 letter from Tina M. Bardak, Lake Erie Tobacco Company to Bonnie 

McGregor. 

4. November 4, 2021 letter from Serena Viswanathan to Tina M. Bardak, Lake Erie 

Tobacco Company. 

5. November 3, 2021 letter from Ben Fenner on behalf of Thompson Deer Management 

Group, LLC to Serena Viswanathan. 

6. November 4, 2021 letter from Serena Viswanathan to Ben Fenner on behalf of Thompson 

Deer Management Group, LLC. 

7. November 22, 2021 letter from Karen E. Delaney, NASCO Products, LLC to Serena 

Viswanathan. 

8. November 22, 2021 letter from Karen E. Delaney, NASCO Products, LLC to Serena 

Viswanathan. 
Public Records 

October 5, 2023 

Page 2 

9. November 24, 2021 letter from Serena Viswanathan to Karen E. Delaney, NASCO 

Products, LLC. 

10. December 16, 2021 letter from Barry M. Boren on behalf of Ohserase Manufacturing, 

LLC to Serena Viswanathan. 

11. December 21, 2021 letter from Serena Viswanathan to Barry M. Boren on behalf of 

Ohserase Manufacturing, LLC. 

12. December 22, 2021 letter from Victoria Spier Evans, Liggett Group LLC to Serena 

Viswanathan. 

13. December 28, 2021 letter from Serena Viswanathan to Victoria Spier Evans, Liggett 

Group LLC. 
 

 

 

 

 

 

 

 

 

 

 

Robyn Y. Ettricks 

Assistant General Counsel 

September 29, 2021

Via Electronic Mail 

Mr. Rick Quaresima 

Acting Associate Director

U.S. Federal Trade Commission

Bureau of Consumer Protection

Division of Advertising Practices

600 Pennsylvania Avenue, N.W., CC-10528

Washington, DC 20580

RE: Amended Philip Morris USA Inc. Warning Rotation Plan for Delicados, Hint, Sherman’s MCD,

and New York Cut

Dear Mr. Quaresima:

Pursuant to section 4 of the Federal Cigarette Labeling and Advertising Act (“FCLAA”) (15 U.S.C. §

1333), Philip Morris USA Inc. (“PM USA”) seeks approval of this warning rotation plan for packaging

for packs and cartons of Delicados, Hint, Sherman’s MCD, and New York Cut, as listed in the chart

below. 

Consistent with FCLAA’s requirements, PM USA plans to rotate the required cigarette health warnings

as noted below quarterly on packs and cartons of Delicados, Hint, Sherman’s MCD, and New York Cut

products, all of which only have one brand style and are king size hard pack styles, in accordance with

the following schedule, based on the date on which the products are packaged:

Brand1

Q1

(Jan-Mar)

Q2

(Apr-Jun)

Q3

(July-Sept)

Q4

(Oct-Dec)

DELICADOS

- Original A B C D

HINT B C D A

SHERMAN’S MCD

- Silver Pack C D A B

NEW YORK CUT

- Original D A B C

1

Attached as Exhibit A is a list of PM USA cigarette brands in market, effective Q1 2022. PM USA will not sell

Delicados, Hint, Sherman’s MCD, and New York Cut products before Q1 2022.

Altria Client Services 

6601 W. Broad Street, Richmond, VA 23230 

(804) 484-8512 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

September 29, 2021

Page 2 of 3

The warnings are as follows:

A SURGEON GENERAL’S WARNING: Smoking Causes Lung Cancer, Heart

Disease, Emphysema, And May Complicate Pregnancy.

B SURGEON GENERAL’S WARNING: Quitting Smoking Now Greatly Reduces

Serious Risks to Your Health.

C SURGEON GENERAL’S WARNING: Smoking By Pregnant Women May Result

in Fetal Injury, Premature Birth, And Low Birth Weight.

D SURGEON GENERAL’S WARNING: Cigarette Smoke Contains Carbon 

Monoxide.

PM USA will maintain records that show compliance with this warning rotation plan. Our July 27, 2021

and September 15, 2021 letters to you included sample packaging displaying each of the warning

statements listed above for the packs and cartons for each of Delicados, Hint, Sherman’s MCD, and New

York Cut. The warning statements will appear exactly as shown on the samples included with our July

27, 2021 and September 15, 2021 letters.

For all advertising for Delicados, Hint, Sherman’s MCD, and New York Cut, PM USA agrees to use the

warning statement formats that were submitted to the Federal Trade Commission with the 1985 Plans of

the five leading U.S. cigarette manufacturers (including PM USA). The warnings will be rotated quarterly

according to the schedule above. At this time, we anticipate that our largest advertisement will not exceed 

14 square feet.

The products may be advertised using direct mail, point-of-sale materials, and magazines. For all nonperiodical advertising (excluding digital advertising), including direct mail and point-of-sale materials, 

PM USA will rotate the warnings according to the date the advertising is ordered.2 In periodical

advertising, such as magazines, PM USA will rotate the required warnings according to the cover date of

the publication. 

The products may be advertised on websites owned by PM USA and by e-mail. The warning statement

format used in advertising the products on websites will be similar to the format that appears on the

existing PM USA-owned website at virginiaslims.com. PM USA agrees to use the warning statement

formats that were submitted to the Federal Trade Commission with the 1985 Plans of the five leading

U.S. cigarette manufacturers (including PM USA). The size of the warnings will be proportionate to those

warning formats. The warnings will be rotated on the first day of the calendar quarter according to the

rotation schedule above. If PM USA advertises on third-party websites, the warnings will be rotated on

the same schedule and will use the same warning statement format as websites owned by PM USA. The

cigarette warnings on websites will be superimposed on the screen in an unavoidable manner on every

page advertising cigarettes, may be viewed without scrolling, and will not be displayed through

hyperlinks, pop-ups, interstitials or other similar means.

If you require additional information, please do not hesitate to contact me at (804) 484-8512.

Robyn Y. Ettricks

Sincerely,

cc: Ms. Bonnie McGregor

Mr. William Ducklow

2 The “date the advertising is ordered” means the date on which PM USA approves the final artwork to release to the 

supplier, consistent with PM USA’s usual business practice.

2
 

September 29, 2021

Page 3 of 3

EXHIBIT A

List of PM USA Cigarette Brands in Market -- Effective Q1 2022

Brand First Quarter Second Quarter Third Quarter Fourth Quarter

Alpine B C D A

Basic B C D A

Benson & Hedges C D A B

Cambridge D A B C

Chesterfield A B C D

Commander A B C D

Dave’s B C D A

Delicados A B C D

English Ovals C D A B

Hint B C D A

L&M C D A B

Lark D A B C

Marlboro A B C D

Sherman’s MCD C D A B

Merit B C D A

Nat’s A B C D

New York Cut D A B C

Parliament D A B C

Player’s B C D A

Saratoga D A B C

Virginia Slims C D A B

3
Selected packaging samples from those 

submitted with the plan.








 

 

 

 

 

                                                            

United States of America 

FEDERAL TRADE COMMISSION 

Washington, D.C. 20580

Division of

Advertising Practices 

October 4, 2021 

Ms. Robyn Y. Ettricks 

Assistant General Counsel 

Altria Client Services

6601 West Broad Street 

Richmond, VA 23230

Dear Ms. Ettricks: 

The Federal Trade Commission has delegated to the Associate Director for Advertising 

Practices its authority to review cigarette health warning display plans submitted to the

Commission pursuant to Section 1333(c) of the Federal Cigarette Labeling and Advertising Act, 

15 U.S.C. §§ 1331-1341 (“the Cigarette Act”). Pursuant to that delegation, I have reviewed a 

revised proposed plan filed on behalf of Philip Morris USA Inc. (“PM USA”) on September 29, 

2021, calling for: (1) quarterly rotation of the four health warnings in advertising up to fourteen 

square feet in size for the Delicados, Hint, Sherman’s MCD, and New York Cut brands of 

cigarettes; (2) quarterly rotation of the four health warnings in Internet advertising for the 

Delicados, Hint, Sherman’s MCD, and New York Cut brands; and (3) quarterly rotation of the 

four health warnings on packaging for one variety of the Delicados, Hint, Sherman’s MCD, and 

New York Cut brands. 

PM USA’s plan for quarterly rotation of the warnings in the aforementioned advertising 

for the Delicados, Hint, Sherman’s MCD, and New York Cut brands is hereby approved. With 

respect to the question of whether it is legal to advertise cigarettes on the Internet, Section 1335 

of the Cigarette Act prohibits advertising cigarettes on any medium of electronic communication 

subject to the jurisdiction of the Federal Communications Commission. The enforcement of that 

provision is the responsibility of the Department of Justice and you should contact them directly 

(Lawrence C. Keller at 202-598-2781) to determine whether such advertising on the Internet is 

permissible.

The warnings on the sample packs and cartons submitted with your July 27, 2021 letter 

(except as to the MCD Silver Pack variety as noted below) and September 15, 2021 letter appear 

to meet the requirements of the Cigarette Act in force as of the date of this letter for size and 

conspicuousness.1 PM USA’s plan for quarterly rotation of the four health warnings on king size 

Although the warnings on the sample cartons initially submitted for the Sherman’s MCD 

Silver Pack variety were not sufficiently conspicuous, corrected samples were submitted. This 

approval pertains only to packaging that meets the requirements of the Cigarette Act.

1
 

 

 

                                                            

Ms. Robyn Y. Ettricks 

October 4, 2021 

Page 2 

hard pack packaging for the Delicados Original, Hint, Sherman’s MCD Silver Pack, and New 

York Cut Original varieties is hereby approved effective on the date of this letter. 

Approval of PM USA’s plan is contingent on its good faith implementation. We may ask 

for information demonstrating proper implementation of the plan.2 The Cigarette Act provides 

that any person who violates its provisions is guilty of a misdemeanor. 

Please note that this letter only approves PM USA’s cigarette health warning statement 

rotation plan with respect to the statutory requirements in force prior to the June 22, 2009 

enactment of the Family Smoking Prevention and Tobacco Control Act (“TCA”) and expires at 

such time new health warnings required under the TCA take effect. Moreover, it is not in any 

way an approval of any other design element, statement, or representation made on packaging or 

in advertising for PM USA’s cigarettes. Nor does this letter purport to interpret or express any 

opinion about the adequacy of PM USA’s packaging and advertising under the TCA or any 

regulations that have been or might be promulgated by the Department of Health and Human 

Services under that statute, including but not limited to, the “Regulations Restricting the Sale and 

Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents” 

(published March 19, 2010) or FDA’s final rule, “Required Warnings for Cigarette Packages and 

Advertisements” (published March 18, 2020). 

Because the TCA imposes additional legal requirements on the marketing and sale of 

cigarettes, you should ensure that you are in compliance with those requirements. For example, 

since September 22, 2009, the use of certain characterizing flavors (other than tobacco or 

menthol) in cigarettes has been prohibited. You can find additional information at 

www.fda.gov/TobaccoProducts/default.htm and sign up for FDA email updates at 

https://www.fda.gov/tobacco-products/ctp-newsroom/sign-email-updates-ctp. 

If you have any questions regarding this approval, please contact William Ducklow at 

(202) 326-2407. 

Very truly yours, 

 Serena Viswanathan

 Associate Director

Knowingly and willfully making false statements to a federal government agency is a 

crime punishable by a fine and/or imprisonment. 18 U.S.C. § 1001. 

2
 

 

 

 

 

 

 

 

 

 

 

 

 

 

November 3, 2021 

Ms. Bonnie Mc Gregor 

Federal Trade Commission 

Advertising Practices 

CC 10528 

600 Pennsylvania Avenue, NW 

Washington D.C. 20580 

Dear Serena Viswanathan: 

Please consider this letter as Lake Erie Tobacco Company's ("LET") request to approve of its

rotational warning plan for the "31" brand of cigarettes that we manufacture and for our imported 

brands; Seneca Premium, Couture and Opal. We also request approval of our warning rotation plan 

Seneca Select manufactured by LET. LET does not manufacture or import any other cigarette 

brands. LET is a cigarette and other tobacco products manufacturer and importer located at 6564 

Route 417 Kill Buck, NY 14748. The Chief Executive Officer of Lake Erie Tobacco Company is 

Bryan Porter. I am General Counsel for LET and as such, authorized to submit this letter. 

As required by Section 1333(c)(2) of the Federal Cigarette Labeling and Advertising Act ("the

Cigarette Act") , this letter is intended as LET's submission of its plan for the rotation of the four

health warning statements on packaging for varieties or brand styles the "31", Seneca (Select and 

Seneca Premium), Couture and Opal brands of cigarettes. 

Styles and Flavors 

Our previous plan for the simultaneous display of warnings on packages of the "31" brand was 

approved on June 23, 2020. We now seek approval for the same six (6) brand styles: 

"31" Full Flavor 100 Box" 

"31" Menthol 100 Box 

"31" Blue 100 Box 

"31" Blue Kings Box 

"31" Full Flavor Kings Box 

"31" Menthol Kings Box 

Our previous plan for the simultaneous display of warnings on packages of the Seneca Premium, 

Couture and Opal brands was approved most recently on June 23, 2020. Please be advised that we 

no longer Import the Seneca Extra Smooth Menthol Soft 100’s.We now seek approval for 

rotation of the four health warnings on packaging on the following Seneca Premium, Couture and 

Opal brand styles that LET imports into the United States: 

6564 Route 417 Kill Buck, NY 14748 Phone: 716-945-9538 Fax: 716-945-9539 

1 

 

 

 

 

 

 

 

 

 

 

 

styles) in calendar year 2021 is sticks. Our anticipated sales volume for imported Seneca 

Premium, Couture and Opal brand of cigarettes (all styles) in calendar year 2021 is sticks. It 

is anticipated that Seneca Select Full Flavor 100’s will be our highest selling brand style within the 

Seneca Select Brand in 2021. There were no sales or production of Seneca Select Full flavor 100’s 

(or any other Seneca Select brand style) in 2020. We anticipate our sales volume for manufactured 

Seneca Select Full Flavor 100’s in the calendar year 2021 to be sticks. 

Our proposed plan for compliance with the "Cigarette Act" is to have our suppliers, HSM Packaging

and Grand River Enterprises Six Nations Ltd. run the four warning labels simultaneously with each 

other. For the product being manufactured in the United States, the packaging is shipped to us by our 

supplier with the warnings simultaneous displayed on the packaging. The four warnings will be 

displayed on the packs and cartons of each brand style listed above an equal number of times during 

the one year period following the date of approval of this plan by the Federal Trade Commission. We 

will keep records demonstrating compliance with this plan. 

For "31" brand cigarettes, the warnings will appear exactly as shown on the sample packs and 

cartons submitted with our letter of May 15, 2018. This shows how the warnings will appear on 

the "31" Full Flavor 100's box and "31" Menthol 100's box brand styles as well as the "31" Blue 

100 box, "31" Blue Kings box, "31" Full Flavor Kings box and "31" Menthol Kings box. 

For imported Seneca Premium, Opal and Couture brand cigarettes we previously enclosed sample

packs and cartons with our May 16, 2019 letter and the warnings will appear exactly as shown on

that packaging as submitted on that date. 

For Seneca Select brand cigarettes manufactured at LET, we enclosed sample packaging for packs

and cartons with a letter dated July 29, 2021 and the warnings will appear exactly as shown on that

packaging as submitted on that date. 

LET does not manufacture or import any cigarettes other than those noted above. 

Label Statements and Rotation Plan 

The four warnings that will be displayed on packs and cartons are: 

SURGEON GENERAL'S WARNING: Smoking Causes Lung Cancer, Heart Disease, Emphysema,

And May Complicate Pregnancy. 

SURGEON GENERAL'S WARNING: Quitting Smoking Now Greatly Reduces Serious Risks to 

Your Health. 

SURGEON GENERAL'S WARNING: Smoking By Pregnant Women May Result in Fetal

Injury, Premature Birth, And Low Birth Weight. 

SURGEON GENERAL'S WARNING: Cigarette Smoke Contains Carbon 

Monoxide. 

6564 Route 417 Kill Buck, NY 14748 Phone: 716-945-9538 Fax: 716-945-9539 

3 
 

 

Advertising 

LET currently has an advertising plan for the "31" brand on file with the FTC and will maintain 

compliance with its May 24, 2016 plan approved June 6, 2016. LET does not intend to advertise

Seneca, Couture or Opal brands at this time. 

Again, please consider our health warning display plan for packaging of the "31", Seneca, Couture 

and Opal brands for approval at your earliest convenience. Should you have any questions, please 

feel free to contact me directly at 716.783.6797. 

Very truly yours, 

Tina M. Bardak 

General Counsel 

6564 Route 417 Kill Buck, NY 14748 Phone: 716-945-9538 Fax: 716-945-9539 

4 
Selected packaging samples from those 

submitted with the plan. 


   

 

United States of America 

FEDERAL TRADE COMMISSION 

Washington, D.C. 20580 

Division of

 Advertising Practices 

November 4, 2021 

Ms. Tina M. Bardak 

General Counsel 

Lake Erie Tobacco Company 

6564 Route 417 

Kill Buck, NY 14748 

Dear Ms. Bardak: 

The Federal Trade Commission has delegated to the Associate Director for Advertising 

Practices its authority to review cigarette health warning display plans submitted to the 

Commission pursuant to Section 1333(c) of the Federal Cigarette Labeling and Advertising Act, 

15 U.S.C. §§ 1331-1341 (“the Cigarette Act”). Pursuant to that delegation, I have reviewed a 

revised proposed plan filed by Lake Erie Tobacco Company (“LET”) on November 3, 2021, 

calling for simultaneous display (i.e., the alternative to quarterly rotation) of the four health 

warnings on packaging for certain varieties of the “31,” Seneca, Couture, and Opal brands of 

cigarettes. 

LET’s sales appear to qualify for the aforementioned alternative to quarterly rotation of 

the warnings on packaging, and the warnings on the sample packs and cartons submitted with 

your May 15, 2018, May 16, 2019, and July 29, 2021 letters appear to meet the requirements of 

the Cigarette Act in force as of the date of this letter for size and conspicuousness.1 Accordingly, 

LET’s plan for simultaneous display of the four health warnings on packaging is hereby 

approved for the following varieties: 

 Six box varieties of the “31” brand: Full Flavor (kings and 100’s), Menthol (kings and 

100’s), and Blue (kings and 100’s); 

 Thirty-three varieties of the Seneca brand in “Premium” varieties: Full Flavor box (kings 

and 100’s), Full Flavor soft pack (kings and 100’s), Medium box (kings and 100’s), Blue 

box (kings and 100’s), Blue soft pack (kings and 100’s), Silver box (kings and 100’s), 

Silver soft pack (kings and 100’s), Menthol box (kings and 100’s), Menthol soft pack 

(kings and 100’s), Smooth Menthol box (kings and 100’s), Smooth Menthol soft pack 

(kings and 100’s), Extra Smooth Menthol box 100’s, Non-Filter box kings, Chill box 

LET stated in its November 3, 2021 letter that the four health warnings will appear 

exactly as shown on the packs and cartons submitted on these dates. 

1 
 

Ms. Tina M. Bardak 

November 4, 2021 

Page 2 

kings, Full Flavor box 120’s, Smooth box 120’s, Ultra box 120’s, Menthol box 120’s, 

Smooth Menthol box 120’s, Full Flavor box 72’s, Blue box 72’s, and Menthol box 72’s; 

 Thirteen varieties of the Seneca brand in “Select” box varieties: Full Flavor (kings and 

100’s), Medium (kings and 100’s), Blue (kings and 100’s), Silver (kings and 100’s), 

Menthol (kings and 100’s), Smooth Menthol box (kings and 100’s), Extra Smooth 

Menthol 100’s; 

 Six 100’s box varieties of the Couture brand: Slims Ruby, Slims Amethyst, Slims 

Diamond, Slims Aquamarine, Slims Turquoise, and Slims Sapphire; and 

 Five 120’s box varieties of the Opal brand: Super Thins Full Flavor, Super Thins 

Smooth, Super Thins Ultra, Super Thins Menthol, and Super Thins Smooth Menthol. 

Approval of this plan is contingent on its good faith implementation. We may ask for 

information demonstrating proper implementation of the plan.2

 The Cigarette Act provides that 

any person who violates its provisions is guilty of a misdemeanor. 

If LET decides to advertise the Seneca, Couture, or Opal brands in the future, it must 

submit a plan detailing how it will comply with the requirements of the Cigarette Act with 

respect to display of the health warning statements in advertisements. 

Please note that this letter only approves LET’s cigarette health warning statement 

rotation plan with respect to the statutory requirements in force prior to the June 22, 2009 

enactment of the Family Smoking Prevention and Tobacco Control Act (“TCA”). Moreover, it 

is not in any way an approval of any other design element, statement, or representation made on 

packaging or in advertising for LET’s cigarettes. Nor does this letter purport to interpret or 

express any opinion about the adequacy of LET’s packaging and advertising under the TCA or 

any regulations that have been or might be promulgated by the Department of Health and Human 

Services under that statute, including but not limited to, the “Regulations Restricting the Sale and 

Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents” 

(published March 19, 2010) or FDA’s final rule, “Required Warnings for Cigarette Packages and 

Advertisements” (published March 18, 2020). 

Because the TCA imposes additional legal requirements on the marketing and sale of 

cigarettes, you should ensure that you are in compliance with those requirements. For example, 

since September 22, 2009, the use of certain characterizing flavors (other than tobacco or 

menthol) in cigarettes has been prohibited. You can find additional information at 

www.fda.gov/TobaccoProducts/default.htm and sign up for FDA email updates at 

https://www.fda.gov/tobacco-products/ctp-newsroom/sign-email-updates-ctp. 

Knowingly and willfully making false statements to a federal government agency is a 

crime punishable by a fine and/or imprisonment. 18 U.S.C. § 1001. 

2 
 

 

Ms. Tina M. Bardak 

November 4, 2021 

Page 3 

This approval is effective on the date of this letter and runs through November 3, 

2022 or until new health warnings required under the TCA take effect, whichever comes 

first. 

If you have any questions regarding this approval, please contact Connor Sands at (202) 

326-3343. 

 Very truly yours, 

 Serena Viswanathan

 Associate Director 
 

 

 

PEEBLES KIDDER 

BEN FENNER 

401 9TH STREET, NW, SUITE 700 

Washington, DC 20004 

T: (202) 450-4887 

F: (202) 450-5106 

E: bfenner@ndnlaw.com 

www.ndnlaw.com 

November 3, 2021 

Via upload to FTC Secure Files 

Serena Viswanathan, Associate Director 

Federal Trade Commission 

Division of Advertising Practices 

600 Pennsylvania Ave, NW 

Washington, DC 20580 

Re: DEER Renewal 

Dear Ms. Viswanathan: 

Our firm represents Thompson Deer Management Group, LLC (TDMG), a 

distributor of cigarettes contract manufactured by Seneca Manufacturing Company 

(SMC) under the authority of the Alcohol & Tobacco Tax and Trade Bureau 

(Manufacturer of Tobacco Products License TP-NY-15007). As a contract manufacturer, 

SMC is manufacturing these cigarettes at the direction of TDMG. The chairman of 

TDMG is Vance Thompson. The business address for TDMG is 134 Raquette Point 

Road, Hogansburg, NY 13655 (phone number: (518) 651-5786). 

Please find enclosed TDMG’s submission of its warning plan for the Deer brand 

of cigarette pursuant to 15 U.S.C. § 1331 et. seq. (FCLAA). 

I. PACKAGING 

This section addresses the plan for compliance with respect to the “Packaging” 

requirements of the FCLAA with regards to Deer, including a discussion of the warning 

label size and location, the warning label equalization, and records of compliance. 

A. Warning Label Size and Location 

On October 20, 2020, the Federal Trade Commission (FTC) approved of 

TDMG’s equalization plan for the following brand styles manufactured in the United 

States for TDMG by Seneca Manufacturing Company: 

CALIFORNIA • SOUTH DAKOTA • WASHINGTON, DC • MISSOURI • NDNLAW.COM • (202) 450-4887 

 

 

 

 

 

 

 

 

Peebles Kidder Bergin & Robinson LLP 

Attorneys for THOMPSON DEER MANAGEMENT GROUP LLC 

 By: _______________________________ 

CALIFORNIA • SOUTH DAKOTA • WASHINGTON, DC • MISSOURI • NDNLAW.COM • (202) 450-4887 
 

 

United States of America 

FEDERAL TRADE COMMISSION 

Washington, D.C. 20580 

Division of

 Advertising Practices 

November 4, 2021 

Ben Fenner, Esq. 

Peebles Kidder 

401 9th Street, NW, Suite 700 

Washington, DC 20004 

Dear Mr. Fenner: 

The Federal Trade Commission has delegated to the Associate Director for Advertising 

Practices its authority to review cigarette health warning display plans submitted to the 

Commission pursuant to Section 1333(c) of the Federal Cigarette Labeling and Advertising Act, 

15 U.S.C. §§ 1331-1341 (“the Cigarette Act”). Pursuant to that delegation, I have reviewed a 

revised proposed plan filed on behalf of Thompson Deer Management Group, LLC (“TDMG”) 

on November 3, 2021, calling for simultaneous display (i.e., the alternative to quarterly rotation) 

of the four health warnings on packaging for certain varieties of the Deer brand of cigarettes. 

TDMG’s sales appear to qualify for the aforementioned alternative to quarterly rotation 

of the warnings on packaging, and the warnings on the sample packs and cartons submitted on 

August 6, 2020 continue to appear to meet the requirements of the Cigarette Act in force as of 

the date of this letter for size and conspicuousness.1 Accordingly, TDMG’s plan for 

simultaneous display of the four health warnings on packaging for the following three hard pack 

varieties of the Deer brand is hereby approved: Red Kings, Blue Kings, and Green Kings. 

Approval of the plan is contingent on its good faith implementation. We may ask for 

information demonstrating proper implementation of the plan.2 The Cigarette Act provides that 

any person who violates its provisions is guilty of a misdemeanor. 

If TDMG decides to advertise in the future, it must submit a plan detailing how it will 

comply with the requirements of the Cigarette Act with respect to display of the health warning 

statements in advertisements. 

1 TDMG stated in its November 3, 2021 letter that the four health warnings will appear 

exactly as shown on the sample packs and cartons submitted on this date. 

2 Knowingly and willfully making false statements to a federal government agency is a 

crime punishable by a fine and/or imprisonment. 18 U.S.C. § 1001. 
 

 

 

Ben Fenner, Esq. 

November 4, 2021 

Page 2 

Please note that this letter only approves TDMG’s cigarette health warning statement 

rotation plan with respect to the statutory requirements in force prior to the June 22, 2009 

enactment of the Family Smoking Prevention and Tobacco Control Act (“TCA”). Moreover, it 

is not in any way an approval of any other design element, statement, or representation made on 

packaging for TDMG’s cigarettes. Nor does this letter purport to interpret or express any 

opinion about the adequacy of TDMG’s packaging under the TCA or any regulations that have 

been or might be promulgated by the Department of Health and Human Services under that 

statute, including but not limited to, the “Regulations Restricting the Sale and Distribution of 

Cigarettes and Smokeless Tobacco to Protect Children and Adolescents” (published March 19, 

2010) or FDA’s final rule, “Required Warnings for Cigarette Packages and Advertisements” 

(published March 18, 2020). 

Because the TCA imposes additional legal requirements on the marketing and sale of 

cigarettes, you should ensure that you are in compliance with those requirements. For example, 

since September 22, 2009, the use of certain characterizing flavors (other than tobacco or 

menthol) in cigarettes has been prohibited. You can find additional information at 

www.fda.gov/TobaccoProducts/default.htm and sign up for FDA email updates at 

https://www.fda.gov/tobacco-products/ctp-newsroom/sign-email-updates-ctp. 

This approval is effective on the date of this letter and runs through November 3, 

2022 or until new health warnings required under the TCA take effect, whichever comes 

first. 

If you have any questions regarding this approval, please contact Connor Sands at (202) 

326-3343. 

 Very truly yours,

 Serena Viswanathan 
 

 

 

321 Farmington Road, Mocksville, North Carolina 27028 ● Phone: 336-940-3769 ● Fax: 336-940-3669 

November 22, 2021 

Ms. Serena Viswanathan 

Attn: Bonnie McGregor 

Federal Trade Commission 

Division of Advertising Practices 

600 Pennsylvania Avenue, N.W. 

Room CC-10528 

Washington, DC 20580 

RE: Cigarette Health Warning Rotation Plan 

Dear Ms. Viswanathan, 

On Nov 25 2020, NASCO Products, LLC (“NASCO”) received approval for simultaneous display of the four 

Surgeon General Warnings on packaging of 11 varieties of the SF brand. This letter is being submitted for the 

annual renewal approval of the plan for simultaneous display (i.e., the alternative to quarterly rotation) of the 

four Surgeon General Warnings on packaging of the following ten (10) varieties of the SF cigarette brand: 

Red King Box 

Blue King Box 

Gray King Box 

Menthol Dark Green King Box 

Menthol Pale Green King Box 

Red 100's Box 

Blue 100's Box 

Gray 100's Box 

Menthol Dark Green 100's 

Box 

Menthol Pale Green 100's Box 

In a separate letter, NASCO Products, LLC will be making a request to switch the SF Non-Filter King Soft 

Pack variety, previously included in this plan, to a plan that calls for quarterly rotation of the Surgeon General 

Warnings on packaging for that variety. The SF cigarette brand is manufactured in the United States by 

NASCO Products, LLC. Upon approval of this plan, the manufacturer will continue to manufacture these 

cigarettes under the authority of the Alcohol & Tobacco Tax and Trade Bureau (Manufacturer of Tobacco 

Products License TP-NC-15033). 

Page 1 of 2
 

 

 

 

 

These cigarettes will be packaged in 200 count cartons (“Outer Cartons”). Each Outer Carton will contain 10 

packs of 20 cigarettes each (“Pack”). The Surgeon General Warnings will be on each Pack and Outer Carton 

of cigarettes in the form and content dictated by the Federal Cigarette Labeling and Advertising Act and 

therefore satisfactory to the Federal Trade Commission (“FTC”). The warnings will be printed directly on the 

packaging in a legible and conspicuous manner and will be of a size, format, and type required by the Cigarette 

Act. The warnings will be placed on the product in a location which complies with applicable labeling statutes. 

The warnings will appear exactly as they do on the packs and cartons submitted with our letter dated November 

13, 2019. The packaging represented in our November 11, 2014 letter is no longer in use. 

NASCO Products, LLC believes that its low sales volume of cigarettes fits the criteria for the alternative to 

quarterly rotation of warnings on packaging, provided for in Section 1333 (c)(2) of the Federal Cigarette 

Labeling and Advertising Act, 15 U.S.C. §§ 1331. Actual sales figures for NASCO’s 2020 fiscal year and sales 

estimates for the 2021 fiscal year for all the brand styles that we manufacture are provided on Exhibit A 

enclosed with this letter. 

If this plan for the alternative to quarterly rotation of warnings on packaging of the ten (10) varieties of the SF 

cigarette brand in the table above is approved, the four cigarette health warnings will continue to appear on the 

packs and cartons of each of the cigarette brand styles an equal number of times throughout the one year period 

beginning on the date this plan is approved. 

NASCO Products, LLC continues to be in compliance with its August 6, 2021, plan for the simultaneous 

display of the four health warnings on packaging for the MOONLIGHT cigarette brand approved on August 6, 

2021. NASCO Products, LLC does not currently manufacture or import any cigarette brand other than the SF 

and Moonlight cigarette brands. 

NASCO Products, LLC will continue to comply with its most recently approved advertising plans. In a 

separate letter being submitted, NASCO is requesting a change to its rotation schedule in advertising for the SF 

brand. 

NASCO Products, LLC, the manufacturer, is aware of the requirements set forth in the Cigarette Labeling and 

Advertising Act and the company’s efforts are always to be fully compliant with the Cigarette Act. NASCO 

Products, LLC will maintain record of compliance with the approved plan. If there are any questions or 

concerns regarding this plan, please contact me at 716-270-1523 (phone), 716-583-3134 (mobile), 716-877-

3064 (fax), kdelaney@xxiicentury.com (email), or 500 Seneca St, Ste 507, Buffalo, NY 14204 (mailing 

address). 

Sincerely, 

Karen E. Delaney 

Tax Compliance Manager 

Digitally signed by Karen Karen E. E. Delaney 

Date: 2021.11.22 22:38:13 Delaney -05'00'

Page 2 of 2

 

 

 

 

321 Farmington Road, Mocksville, North Carolina 27028 ● Phone: 336-940-3769 ● Fax: 336-940-3669 

November 22, 2021 

Ms. Serena Viswanathan 

Federal Trade Commission 

Division of Advertising Practices 

600 Pennsylvania Avenue, N.W. 

Room CC-10528 

Washington, DC 20580 

RE: Cigarette Health Warning Rotation Plan for SF Non-filter King Soft Pack 

Dear Ms. Viswanathan, 

This letter is submitted in request of approval of the quarterly Surgeon General Warning rotation plan for 

packaging of SF Non-filter King Soft Pack pursuant to Section 1333(c) of the Federal Cigarette Labeling and 

Advertising Act, 15 U.S.C. 1331-1341 (“the Cigarette Act”). We will separately be submitting a letter for the 

health warning rotation for the other varieties of this brand. 

On November 25, 2020, NASCO received approval for simultaneous display of four (4) health warnings 

on packaging for eleven (11) varieties of the SF brand through November 24, 2021 and was thus permitted to 

participate in the alternative method to the quarterly Surgeon General Warning rotation plan. 

NASCO is requesting by separate letter that the following ten (10) varieties included in the approval letter 

of November 25, 2020 continue simultaneous display of the four (4) health warnings outlined therein: Red Box 

(King and 100’s), Blue Box (Kings and 100’s), Gray Box (Kings and 100’s), Menthol Dark Greeen Box (Kings 

and 100’s), and Menthol Pale Green Box (Kings and 100’s). 

NASCO requests approval to switch the SF Non-filter King Soft Pack variety, only, to a plan whereby 

NASCO will rotate warnings quarterly on packaging for that variety upon approval. The health warnings on 

packaging for SF Non-filter King Soft Pack have been equalized to date. 

The SF cigarette brand is manufactured in the United States by NASCO. NASCO intends to continue to 

manufacture SF cigarettes under the authority of the Alcohol & Tobacco Tax and Trade Bureau (Manufacturer of 

Tobacco Products License TP-NC-15033). 

The SF Non-filter King Soft Pack cigarettes will continue to be packaged in 200 count cartons (“Outer 

Cartons”). Each Outer Carton will contain 10 packs of 20 cigarettes each (“Pack”). The Surgeon General 

Warnings will be on each Pack and Outer Carton in the form and content dictated by the Cigarette Act and 

therefore satisfactory to the FTC. The warnings will be printed directly on the packaging in a legible and 

conspicuous manner and will be of a size, format, and type required by the Cigarette Act. The warnings will be 

placed on the product in a location which complies with applicable labeling statutes. The warnings will appear 

exactly as they do on packs and cartons of SF Non-filter King Soft Pack submitted with our letter dated November 

13, 2019. 
 

 

 

 

321 Farmington Road, Mocksville, North Carolina 27028 ● Phone: 336-940-3769 ● Fax: 336-940-3669 

Upon approval of the plan, the four (4) cigarette health warnings will be rotated quarterly on packs and 

cartons of SF Non-filter King Soft Pack in accordance with the rotation schedule attached as EXHIBIT A. At 

this time, NASCO seeks approval to produce health warnings for two (2) quarters contemporaneously, while 

maintaining the inventory containing each health warning separately so NASCO may draw inventory for 

distribution and shipping as it follows the schedule for display of the warnings on packaging attached as Exhibit 

A. While this request would not cause NASCO to fall out of compliance with an approved quarterly rotation 

plan, we realize that this request does require express approval of the FTC and wish to remain in compliance 

with all necessary disclosures and applications. 

NASCO remains compliant with its August 6, 2021 plan for simultaneous display of the four (4) health 

warnings on packaging for the MOONLIGHT cigarette brand approved on August 6, 2021. NASCO does not 

currently manufacture or import any cigarette brand other than the SF and Moonlight cigarette brands. 

NASCO will continue to comply with its April 25, 2017 plan for Internet advertising of the SF brand, 

except that NASCO wishes to change the rotation schedule for the SF brand as indicated in the schedule below; 

NASCO will follow the rotation schedule for Internet Advertising set out in EXHIBIT A below. NASCO will 

continue to comply with its August 3, 2020 plan for internet advertising of the Moonlight brand; and its August 

6, 2021 plan for print and point-of-sale advertising up to twenty (20) square feet for the Moonlight brand. For 

multibrand advertisements, NASCO will follow the rotation schedule in Exhibit A for the SF brand. 

NASCO is aware of the requirements set forth in the Cigarette Act and endeavors to remain fully 

compliant with same. Upon approval of this request, NASCO will maintain record of compliance with the 

approved plan, as it has done with all previously obtained approvals. 

If there are any questions or concerns regarding this plan, please contact me by phone at (716) 270-1523. 

Alternatively, facsimiles may be sent to (716) 877-3064 and I may be reached by email at 

kdelaney@xxiicentury.com. 

Thank you in advance for your time and consideration. 

Sincerely, Digitally signed by Karen E. Karen E. Delaney 

Date: 2021.11.22 Delaney 22:45:58 -05'00'

 Karen Delaney 

Tax Compliance Manager 
 

 

321 Farmington Road, Mocksville, North Carolina 27028 ● Phone: 336-940-3769 ● Fax: 336-940-3669 

Exhibit A 

Rotation Schedule for Advertising of the SF and Moonligth brands and for Packaging of SF Non-filter King 

Soft Pack 

Cigarette Brand 

Moonlight®

Quarter 1 

January - March 

C 

Quarter 2 

April - June 

D 

Quarter 3 

July - September 

A 

Quarter 4 

October - December 

B 

SF A B C D 

“A” SURGEON GENERAL’S WARNING: Smoking Causes Lung Cancer, Heart 

Disease, Emphysema, And May Complicate Pregnancy. 

“B” SURGEON GENERAL’S WARNING: Quitting Smoking Now Greatly Reduces 

Serious Risks to Your Health. 

“C” SURGEON GENERAL’S WARNING: Smoking By Pregnant Women May 

Result in Fetal Injury, Premature Birth, And Low Birth Weight. 

“D” SURGEON GENERAL’S WARNING: Cigarette Smoke Contains Carbon 

Monoxide. 
   

  

United States of America 

FEDERAL TRADE COMMISSION 

Washington, D.C. 20580 

Division of

 Advertising Practices 

November 24, 2021 

Ms. Karen E. Delaney 

NASCO Products, LLC 

321 Farmington Road 

Mocksville, NC 27028 

Dear Ms. Delaney: 

The Federal Trade Commission has delegated to the Associate Director for Advertising 

Practices its authority to review cigarette health warning display plans submitted to the 

Commission pursuant to Section 1333(c) of the Federal Cigarette Labeling and Advertising Act, 

15 U.S.C. §§ 1331-1341 (“the Cigarette Act”). Pursuant to that delegation, I have reviewed two 

letters dated November 22, 2021, which constitute a plan filed by NASCO Products, LLC 

(“NASCO”), calling for: (1) modification of NASCO’s previously approved schedule for 

quarterly rotation of the four health warnings in internet advertising for the SF brand; (2) 

quarterly rotation of the health warnings on packaging for the SF Non-Filter King Soft Park 

variety; and (3) simultaneous display (i.e., the alternative to quarterly rotation) of the health 

warnings on packaging for certain varieties of the SF brand. 

NASCO’s modification of its previously approved schedule for quarterly rotation of the 

four health warnings in internet advertising for the SF brand is hereby approved. NASCO’s plan 

for quarterly rotation of the four health warnings on packaging for the SF Non-Filter King Soft 

Park variety is also approved. 

NASCO’s sales appear to qualify for the aforementioned alternative to quarterly rotation 

of the warnings on packaging, and the warnings on the sample packs and cartons submitted with 

your November 13, 2019 letter continue to appear to meet the requirements of the Cigarette Act 

in force as of the date of this letter for size and conspicuousness. 1 

Accordingly, NASCO’s plan for simultaneous display of the four health warnings on 

packaging for the following ten varieties of the SF brand is hereby approved effective on the date 

of this letter through November 23, 2022, or until new health warnings required under the 

Family Smoking Prevention and Tobacco Control Act (“TCA”) take effect, whichever 

comes first: Red Box (Kings and 100’s), Blue Box (Kings and 100’s), Gray Box (Kings and 

NASCO stated in its November 22, 2021 letters that the four health warnings will appear 

exactly as shown on the packs and cartons submitted on this date. 

1
 

 

 

 

Ms. Karen E. Delaney 

November 24, 2021 

Page 2 

100’s), Menthol Dark Green Box (Kings and 100’s), and Menthol Pale Green Box (Kings and 

100’s).2 

Approval of the plan is contingent on its good faith implementation. We may ask for 

information demonstrating proper implementation of the plan.3 The Cigarette Act provides that 

any person who violates its provisions is guilty of a misdemeanor. 

Please note that this letter only approves NASCO’s cigarette health warning statement 

rotation plan with respect to the statutory requirements in force prior to the June 22, 2009 

enactment of the TCA and expires at such time new health warnings required under the 

TCA take effect. Moreover, it is not in any way an approval of any other design element, 

statement, or representation made on packaging or in advertising for NASCO’s cigarettes. Nor 

does this letter purport to interpret or express any opinion about the adequacy of NASCO’s 

packaging and advertising under the TCA or any regulations that have been or might be 

promulgated by the Department of Health and Human Services under that statute, including but 

not limited to, the “Regulations Restricting the Sale and Distribution of Cigarettes and 

Smokeless Tobacco to Protect Children and Adolescents” (published March 19, 2010) or FDA’s 

final rule, “Required Warnings for Cigarette Packages and Advertisements” (published March 

18, 2020). 

Because the TCA imposes additional legal requirements on the marketing and sale of 

cigarettes, you should ensure that you are in compliance with those requirements. For example, 

since September 22, 2009, the use of certain characterizing flavors (other than tobacco or 

menthol) in cigarettes has been prohibited. You can find additional information at 

www.fda.gov/TobaccoProducts/default.htm and sign up for FDA email updates at 

https://www.fda.gov/tobacco-products/ctp-newsroom/sign-email-updates-ctp. 

If you have any questions regarding this approval, please contact Bonnie McGregor at 

(202) 326-2356. 

 Very truly yours, 

 Serena Viswanathan

 Associate Director 

2 As set forth in its November 22, 2021 letters, NASCO is using colors to identify its 

cigarette varieties (e.g., “Menthol Dark Green 100’s Box”). We note that the color names and 

the word “menthol” are not printed on the packaging (e.g., the words “Menthol Dark Green” do 

not appear on the packaging of the “Menthol Dark Green 100’s” variety); however, the color 

used for a variety’s packaging does conform to the color used in its name. 

3 Knowingly and willfully making false statements to a federal government agency is a 

crime punishable by a fine and/or imprisonment. 18 U.S.C. § 1001. 




EXHIBIT “A” 

BRAND STYLES FOR SIGNAL, GREAT COUNTRY, AND NIAGARA’S 

SIGNAL 

Bold King Size Box 

Full Flavor King Size Box 

Mellow King Size Box 

Smooth King Size Box 

Ultra Smooth King Size Box 

Menthol Max King Size Box 

Menthol King Size Box 

Menthol Smooth King Size Box 

Bold 100’s Box 

Full Flavor 100’s Box 

Mellow 100’s Box 

Smooth 100’s Box 

Ultra Smooth 100’s Box 

Menthol Max 100’s Box 

Menthol 100’s Box 

Menthol Smooth 100’s Box 

GREAT COUNTRY 

Full Flavor King Size Box 

Gold King Size Box 

Silver King Size Box 

Menthol King Size Box 

Menthol Gold King Size Box 

Full Flavor 100’s Box 

Gold 100’s Box 

Silver 100’s Box 

Menthol 100’s Box 

Menthol Gold 100’s Box 

NIAGARA’S 

Full Flavor King Size Box 

Smooth King Size Box 

Ultra Smooth King Size Box 

Menthol King Size Box 

Menthol Smooth King Size Box 

Full Flavor 100’s Box 

Smooth 100’s Box 

Ultra Smooth 100’s Box 

Menthol 100’s Box 

Menthol Smooth 100’s Box 
   

 

 

United States of America 

FEDERAL TRADE COMMISSION 

Washington, D.C. 20580 

Division of

 Advertising Practices 

December 21, 2021 

Barry M. Boren, Esq. 

One Datran 

9100 South Dadeland Boulevard 

Suite 402 

Miami, FL 33156 

Dear Mr. Boren: 

The Federal Trade Commission has delegated to the Associate Director for Advertising 

Practices its authority to review cigarette health warning display plans submitted to the 

Commission pursuant to Section 1333(c) of the Federal Cigarette Labeling and Advertising Act, 

15 U.S.C. §§ 1331-1341 (“the Cigarette Act”). Pursuant to that delegation, I have reviewed a 

revised proposed plan filed on behalf of Ohserase Manufacturing, LLC (“Ohserase”) on 

December 16, 2021, calling for simultaneous display (i.e., the alternative to quarterly rotation) of 

the four health warnings on packaging for certain varieties of the Signal, Great Country, and 

Niagara’s brands of cigarettes. 

Ohserase’s sales appear to qualify for the aforementioned alternative to quarterly rotation 

of the warnings on packaging, and the warnings on the sample packs and cartons submitted with 

your letters dated December 14, 2018, May 2, 2019, May 24, 2019, August 23, 2019, and 

September 15, 2020 appear to meet the requirements of the Cigarette Act in force as of the date 

of this letter for size and conspicuousness.1 

Accordingly, Ohserase’s plan for simultaneous display of the four health warnings on 

packaging is hereby approved for the following varieties: 

 Sixteen box varieties of the Signal brand: Bold (Kings and 100’s), Full Flavor (Kings 

and 100’s), Mellow (Kings and 100’s), Smooth (Kings and 100’s), Ultra Smooth (Kings 

and 100’s), Menthol (Kings and 100’s), Menthol Max (Kings and 100’s), and Menthol 

Smooth (Kings and 100’s); 

 Ten box varieties of the Great Country brand: Full Flavor (Kings and 100’s), Gold 

(Kings and 100’s), Silver (Kings and 100’s), Menthol (Kings and 100’s), and Menthol 

Gold (Kings and 100’s); and 

Ohserase stated in its December 16, 2021 letter that the four health warnings will appear 

exactly as shown on the packs and cartons submitted on these dates. 

1 
 

 

 

Barry M. Boren, Esq. 

December 21, 2021 

Page 2 

 Ten box varieties of the Niagara’s brand: Full Flavor (Kings and 100’s), Smooth (Kings 

and 100’s), Ultra Smooth (Kings and 100’s), Menthol (Kings and 100’s), and Menthol 

Smooth (Kings and 100’s). 

Approval of the plan is contingent on its good faith implementation. We may ask for 

information demonstrating proper implementation of the plan.2

 The Cigarette Act provides that 

any person who violates its provisions is guilty of a misdemeanor. 

Please note that this letter only approves Ohserase’s cigarette health warning statement 

rotation plan with respect to the statutory requirements in force prior to the June 22, 2009 

enactment of the Family Smoking Prevention and Tobacco Control Act (“TCA”). Moreover, it 

is not in any way an approval of any other design element, statement, or representation made on 

packaging or in advertising for Ohserase’s cigarettes. Nor does this letter purport to interpret or 

express any opinion about the adequacy of Ohserase’s packaging and advertising under the TCA 

or any regulations that have been or might be promulgated by the Department of Health and 

Human Services under that statute, including but not limited to, the “Regulations Restricting the 

Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents” 

(published March 19, 2010) or FDA’s final rule, “Required Warnings for Cigarette Packages and 

Advertisements” (published March 18, 2020). 

Because the TCA imposes additional legal requirements on the marketing and sale of 

cigarettes, you should ensure that you are in compliance with those requirements. For example, 

since September 22, 2009, the use of certain characterizing flavors (other than tobacco or 

menthol) in cigarettes has been prohibited. You can find additional information at 

www.fda.gov/TobaccoProducts/default.htm and sign up for FDA email updates at 

https://www.fda.gov/tobacco-products/ctp-newsroom/sign-email-updates-ctp. 

This approval is effective on the date of this letter and runs through December 20, 

2022, or until new health warnings required under the TCA take effect, whichever comes 

first. 

If you have any questions regarding this approval, please contact Connor Sands at 

(202) 326-3343. 

 Very truly yours, 

 Serena Viswanathan

 Associate Director 

Knowingly and willfully making false statements to a federal government agency is a 

crime punishable by a fine and/or imprisonment. 18 U.S.C. § 1001. 

2 
 

 

 

 

Victoria Spier Evans Tel 919-990-3590 

Vice President & General Counsel Fax 919-990-3505 

vspierevans@lvbrands.com 

(Admitted in DC and PA) 

December 22, 2021 

By email to bmcgregor@ftc.gov 

Ms. Serena Viswanathan 

Associate Director, Division of Advertising Practices 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Mail Code CC-5201 

Washington, DC 20580 

Re: Pyramid Blue 100s Box Quarterly Rotation Plan Application 

Dear Ms. Viswanathan: 

Liggett Group LLC (“Liggett”) submits this quarterly rotation plan (“Quarterly Plan”) for 

the Pyramid Blue 100s Box brand style to the Federal Trade Commission (“FTC”) pursuant to 

the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. § 1331 et seq. (“Act”). Liggett is 

applying for quarterly rotation of the four warnings required by the Act, to be implemented in 

accordance with Section 1333(c)(1) of the Act and Section 2(b) and other applicable provisions 

of Liggett’s Label Statement Rotation Plan as originally approved by the FTC on September 19, 

1985, and annually since then (“Plan”). 

Liggett’s current Plan approved by the FTC by letter dated April 9, 2021, for 

simultaneous display of the four warnings required by the Act on packaging for certain brand 

styles of the brands BRONSON, CLASS A, EVE, GRAND PRIX, LIGGETT SELECT, 

MONTEGO, PYRAMID (except for the Pyramid Red 100s Box variety which was approved for 

quarterly rotation of the four warnings required by the Act on June 10, 2011), and TOURNEY. 

Liggett’s current Plan does not expire until April 8, 2022, and Liggett is not requesting renewal 

of the current Plan in this letter nor for any changes relating to brands or brand styles other than 

Pyramid Blue 100s Box. The Pyramid Blue 100s Box brand style is currently approved for 

simultaneous display of the four warnings required by the Act in Liggett’s current Plan. Pyramid 

Blue 100s Box was previously approved for quarterly rotation on June 10, 2011, and on April 15, 

Liggett Group LLC  100 Maple Lane  Mebane, NC 27302  Tel 919-304-7700 
 

 

 

 

 

Liggett Group Quarterly Rotation Plan 

For Pyramid Blue 100s Box 

December 22, 2021 

Page 2 

2020, was approved for simultaneous display of the four warnings required by the Act because 

the volume no longer exceeded one-quarter of one percent of the total United State cigarette 

market. The Pyramid Blue 100s Box style still qualifies for simultaneous rotation, however, 

Liggett has excess quarterly packaging due to manufacturing shutdowns in 2020 relating to 

COVID-19, therefore Liggett is requesting that Pyramid Blue 100s Box be approved for 

quarterly rotation so that quarterly packaging materials can be exhausted. 

The four warnings required by the Act will be printed on the packaging of Pyramid Blue 

100s Box, based on the date of manufacture, in accordance with the quarterly rotation sequence 

set forth in the attached Schedule A1 of the Plan, which is as follows: 

1st Calendar Quarter Warning A SURGEON GENERAL’S WARNING: Smoking Causes Lung 

Cancer, Heart Disease, Emphysema, And May Complicate Pregnancy. 

2nd Calendar Quarter Warning B SURGEON GENERAL’S WARNING: Quitting Smoking Now 

Greatly Reduces Serious Risks to Your Health. 

3rd Calendar Quarter Warning C SURGEON GENERAL’S WARNING: Smoking By Pregnant Women 

May Result in Fetal Injury, Premature Birth, And Low Birth Weight. 

4th Calendar Quarter Warning D SURGEON GENERAL’S WARNING: Cigarette Smoke Contains 

Carbon Monoxide. 

These warnings will appear exactly as shown on the most recent sample packaging 

previously submitted in connection with Liggett’s Plan and subsequent letters as previously 

approved by the FTC. To date, each of the four Surgeon General’s warnings on the packages of 

the Pyramid Blue 100 Box brand style that was approved for equalization have been equalized. 

This will confirm that Liggett, in the ordinary course of business, maintains records of 

compliance with its approved plans for packaging and advertising. Liggett will begin rotating 

quarterly the Pyramid Blue 100s Box brand style according to this plan beginning on January 1, 

2022. Liggett intends to remain on this quarterly plan for the calendar year 2022. 

Thank you for your attention to this matter. If you have any questions, please let me 

know. 

Very truly yours, 

Victoria Spier Evans 

1 Schedule A is the complete schedule of warning rotation in advertising for all the brands that Liggett advertises. 

Liggett no longer uses the miscellaneous category as part of Liggett’s schedule of warning rotation in advertising. 
SCHEDULE A 

to Liggett Group LLC 

Cigarette Warning Label Statement Rotation Plan 

Schedule of Warning Rotation in Advertising By Brand and Quarter 

Brand 1st Calendar 

Quarter 

2nd Calendar 

Quarter 

3rd Calendar 

Quarter 

4th Calendar 

Quarter 

Bronson A B C D 

Class A B C D A 

Eve C D A B 

Grand Prix D A B C 

Pyramid A B C D 

Montego B C D A 

Liggett Select C D A B 

Tourney D A B C 

Multi-Brand A B C D 

English Language Warnings: 

A SURGEON GENERAL'S WARNING: Smoking Causes Lung Cancer, Heart Disease, Emphysema, 

And May Complicate Pregnancy. 

B SURGEON GENERAL'S WARNING: Quitting Smoking Now Greatly Reduces Serious Risks to 

Your Health. 

C SURGEON GENERAL'S WARNING: Smoking By Pregnant Women May Result in Fetal Injury, 

Premature Birth, And Low Birth Weight 

D SURGEON GENERAL'S WARNING: Cigarette Smoke Contains Carbon Monoxide. 

Spanish Language Warnings: 

A ADVERTENCIA DEL CIRUJANO GENERAL: Fumar Causa Cancer del Pulm6n, Enfermedades 

del Corazon, Enfisema, y Puede Complicar el Embarazo. 

B ADVERTENCIA DEL CIRUJANO GENERAL: Dejar de Fumar Ahora Reduce Enormemente Los 

Graves Riesgos Par Su Salud. 

C ADVERTENCIA DEL CIRUJANO GENERAL: Fumar Durante el Embrazo Puede Causar Daflo 

Fetal, Parto Prematuro y Reducir el Peso del Recien Nacido. 

D ADVERTENCIA DEL CIRUJANO GENERAL: El Humo del Cigarrillo Contiene Mon6xido de 

Carbono. 
 

United States of America 

FEDERAL TRADE COMMISSION 

Washington, D.C. 20580 

 Division of

 Advertising Practices 

December 28, 2021 

Victoria Spier Evans 

Vice President & General Counsel 

Liggett Group LLC 

100 Maple Lane 

Mebane, NC 27302 

Dear Ms. Evans: 

The Federal Trade Commission has delegated to the Associate Director for Advertising 

Practices its authority to review cigarette health warning display plans submitted to the 

Commission pursuant to Section 1333(c) of the Federal Cigarette Labeling and Advertising Act, 

15 U.S.C. §§ 1331-1341 (“the Cigarette Act”). Pursuant to that delegation, I have reviewed a 

proposed revised plan filed by Liggett Group LLC (“Liggett”) on December 22, 2021 calling for 

quarterly rotation of the four health warnings on packaging for the Pyramid Blue 100’s hard pack 

variety of cigarettes. 

The warnings on the sample packs and cartons submitted with your April 4, 2019 letter 

continue to appear to meet the requirements of the Cigarette Act in force as of the date of this 

letter for size and conspicuousness.1 Liggett’s plan for quarterly rotation of the four health 

warnings on packaging for the Pyramid Blue 100’s hard pack variety is hereby approved 

effective on the date of this letter. 

Liggett’s December 22, 2021 plan also states that Liggett no longer utilizes a 

“miscellaneous” category in the company’s schedule for quarterly rotation of the four health 

warnings in advertising for its brands of cigarettes. 

Approval of Liggett’s plan is contingent on its good faith implementation. We may ask 

for information demonstrating proper implementation of the plan.2 The Cigarette Act provides 

that any person who violates its provisions is guilty of a misdemeanor. 

1 Liggett stated in its December 22, 2021 letter that the four health warnings will appear 

exactly as shown on the packs and cartons submitted on April 4, 2019. 

2 Knowingly and willfully making false statements to a federal government agency is a 

crime punishable by a fine and/or imprisonment. 18 U.S.C. § 1001. 
 

 

 

Victoria Spier Evans 

December 28, 2021 

Page 2 

Please note that this letter only approves Liggett’s cigarette health warning statement 

rotation plan with respect to the statutory requirements in force prior to the June 22, 2009 

enactment of the Family Smoking Prevention and Tobacco Control Act (“TCA”) and expires at 

such time new health warnings required under the TCA take effect. Moreover, it is not in any 

way an approval of any other design element, statement, or representation made on packaging or 

in advertising for Liggett’s cigarettes. Nor does this letter purport to interpret or express any 

opinion about the adequacy of Liggett’s packaging and advertising under the TCA or any 

regulations that have been or might be promulgated by the Department of Health and Human 

Services under that statute, including but not limited to, the “Regulations Restricting the Sale and 

Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents” 

(published March 19, 2010) or FDA’s final rule, “Required Warnings for Cigarette Packages and 

Advertisements” (published March 18, 2020). 

Because the TCA imposes additional legal requirements on the marketing and sale of 

cigarettes, you should ensure that you are in compliance with those requirements. For example, 

since September 22, 2009, the use of certain characterizing flavors (other than tobacco or 

menthol) in cigarettes has been prohibited. You can find additional information at 

www.fda.gov/TobaccoProducts/default.htm and sign up for FDA email updates at 

https://www.fda.gov/tobacco-products/ctp-newsroom/sign-email-updates-ctp. 

If you have any questions regarding this approval, please contact William Ducklow at 

(202) 326-2407. 

 Very truly yours,

 Serena Viswanathan

 Associate Director