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: March 16, 2020 

SUBJECT: Rotational Health Warnings for Cigarettes 

File No. P854505 

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

1. July 9, 2019 letter from Eric B. Estes, Xcaliber International, Ltd., LLC to Mary K. 

Engle. 

2. July 11, 2019 letter from Mary K. Engle to Eric Barkley Estes, Xcaliber International, 

Ltd., LLC. 

3. July 16, 2019 letter from Yancy Black, King Mountain Tobacco Company, Inc. to Mary 

K. Engle. 

4. July 17, 2019 letter from Mary K. Engle to Yancy Black, King Mountain Tobacco 

Company, Inc. 

5. July 16, 2019 letter from John DiCarlo, Joseph M. Anderson d/b/a Smokin Joes to Mary 

K. Engle. 

6. July 30, 2019 letter from Mary K. Engle to John DiCarlo, Smokin Joes. 

7. July 9, 2019 letter from Craig A. Koenigs on behalf of Wind River Tobacco Company, 

LLC to Mary K. Engle. 

8. July 31, 2019 letter from Mary K. Engle to Craig A. Koenigs on behalf of Wind River 

Tobacco Company, LLC. 
 

Public Records 

March 16, 2020 

Page 2 

9. July 17, 2019 letter from Craig A. Koenigs on behalf of Wind River Tobacco Company, 

LLC to the Mary K. Engle. 

10. August 8, 2019 letter from Mary K. Engle to Craig A. Koenigs on behalf of Wind River 

Tobacco Company, LLC. 

11. August 7, 2019 letter from Henry C. Roemer, III on behalf of El Morro Ship Chandlers to 

William Ducklow. 

12. August 8, 2019 letter from Mary K. Engle to Henry C. Roemer, III on behalf of El Morro 

Ship Chandlers. 

13. August 13, 2019 letter from Brendon Scott, Sherman’s 1400 Broadway N.Y.C., LLC to 

Mary K. Engle. 

14. August 23, 2019 letter from Mary K. Engle to Brendon Scott, Sherman’s 1400 Broadway 

N.Y.C., LLC. 

15. September 10, 2019 letter from Darren C. Broughton on behalf of Philip Morris USA Inc. 

to Mary K. Engle. 

16. September 13, 2019 letter from Mary K. Engle to Darren C. Broughton on behalf of 

Philip Morris USA Inc. 

17. September 18, 2019 letter from Neal N. Beaton on behalf of Japan Tobacco International 

U.S.A., Inc. to Mary K. Engle. 

18. September 18, 2019 letter from Mary K. Engle to Neal N. Beaton on behalf of Japan 

Tobacco International U.S.A., Inc. 

19. September 9, 2019 letter from Paige S. Fitzgerald on behalf of Firebird Manufacturing, 

LLC to Mary K. Engle. 

20. September 19, 2019 letter from Mary K. Engle to Paige S. Fitzgerald on behalf of 

Firebird Manufacturing, LLC. 

21. September 23, 2019 letter from Jennifer Straus, Farmers Tobacco Co. of Cynthiana, Inc. 

to Mary K. Engle. 

22. September 25, 2019 letter from Mary K. Engle to Jennifer Straus, Farmers Tobacco Co. 

of Cynthiana, Inc. 
XCALIBER 

INTERNATIONAL LTD., LLC. 

Eric Barkley Estes 

General Counsel 

Direct Dial: (9 !8) 824-6641 

Email: eric@xcaliberintemational.com 

July 9, 2019 

Via Federal Express - OvernightDelivery 

Ms. Mary K. Engle 

Division ofAdvertising Practices 

FEDERAL TRADE COMMISSION 

600 Pennsylvania Ave., N.W. 

Mail Drop CC100528 

Washington, D.C. 20580 

Re: Plan for Compliance v.rith the Federal Cigarette Labeling and Advertising 

Act, 15 U.S.C. §§ 1331, et seq. - Brand Styles "Royal" 

Dear Ms. Engle: 

Pursuant to the Federal Cigarette Labeling and Advertising Act (the "Act") 15 

U.S.C. §§ 1331, et seq., Xcaliber International, Ltd., L.L.C. ("Xcaliber"), submits the 

following narrative describing its plan to comply vvith the health warning display 

requirements. On April 1, 2019, the Federal Trade Commission ("FTC") approved 

Xcaliber's plan for the packaging of the brand families "24/7," "Berkeley," "Berley," 

"Echo," "Edgefield," "Exeter," "Golden Blend," "Gsmoke," "Mainstreet," and "Sport." By 

this letter, Xcaliber seeks additional approval for the packaging and advertising of the 

brand family "Royal." This plan does not, however, seek to supplant the April 1, 2019 

approval by the FTC concerning the other Xcaliber brand families. 

The styles for the brand family "Royal" on which Xcaliber is requesting approval 

are listed on Attachment 1. All of the brands for which this plan is submitted are 

manufactured by Xcaliber in Pryor, Oklahoma. Xcaliber imports no product. 

I. Packaging 

a. Warning Label Size and Location. With respect to "Royal," warnings will 

appear exactly as shovvn on the packs and cartons provided to the FfC on 

June 6, 2019. The provided samples include each of the four warnings on 

packs and cartons for each brand style submitted. The warning statements 

are permanently imprinted on cigarette packs and cartons. 

b. Warning Label Rotation. Pursuant to Section 1333(c)(2) oftheAct, Xcaliber 

will display the four warnings an equal number of times on the packs and 

cartons for each ofthe brand styles listed on Attachment 1 for one year, 

beginning with the approval date ofthis plan. 

XCALIBERINTERNATIONAL.COM j ONE TOBACCO ROAD, PRYOR, OK 74361 : P: 918.824.0300 I F: 918.824.0302 
Please note Xcaliber's plan is based on the alternative to quarterly rotation 

provided in 15 U.S.C. Section 1333(c)(2). Xcaliber hereby states that the 

yearly sales volume for each brand style it manufactures remains below the 

threshold under which the FfC may permit Xcaliber to display the four 

warnings an equal number oftimes during the year. Xcaliber's sales for the 

fiscal year ending December 31, 2018, were ---sticks. A 

schedule is attached reflecting Xcaliber's sales f~first four 

months of 2019. This schedule is provided as Attachment 2.1 and 

Attachment 2.2, respectively. 

Xcaliber requires its print suppliers to produce packaging with all four 

warnings in a single print run. The 10o's-size soft pack labels are printed on 

a roll with an equal number ofeach warning within a 4-label space. The king 

size soft pack labels are printed using a press sheetwith an equal number of 

each warning within a 32-label space. The king-size box labels are printed 

using a press sheet with an equal number of each warning within a 28-label 

space. The 10o's size box labels are printed using a press sheet thathas a 21-

label space. Because one extra space is left on the 10o's-size box print runs, 

the extra space rotates between the four warnings an equal number oftimes 

throughout the year. For cartons, the press sheet has a 6-label space in 

which the extra two spaces rotate between two warnings every other run to 

yield an equal number of warnings throughout the year. Xcaliber's print 

supplier palletizes the print by hand such that all warnings are randomized 

equally throughout an order. Xcaliber's print supplier also provides an 

affidavit with each print run that states that the order has been processed 

according to these standards. 

c. Records of Compliance. Xcaliber maintains a record of the affidavits 

provided by its print supplier confirming the procedures outlined above. 

When each order arrives, a set ofsamples ofeach warning from each brand 

style is kept along vvith the affidavit in Xcaliber's records. Both the affidavits 

and samples are kept by Xcaliber for a minimum of one year beyond the 

date ofreceipt ofthe print order. 

II. Advertising 

Through the date ofthis application, Xcaliber continues to be in full compliance 

with the advertising plan approved on July 27, 2016. Upon approval of the new plan, 

Xcaliber wishes to advertise for each ofthe "Royal" brand styles listed on Attachment 1. 

a. Warning Label Size and Location. Copies of the warning formats that 

Xcaliber ·will be using in advertisements were enclosed v.rith Xcaliber's 

submissions dated July 27, 2012, August 3, 2012, and August 15, 2012. The 

warning formats to be used by Xcaliber are consistent \vith those warning 

formats submitted with the 1985 plan of the five leading U.S. cigarette 

manufacturers. Xcaliber wil1 place the warnings as specified in those plans, 

except that the point-of-sales advertisements will bear the warning 

statement referenced in Attachment 3 for the quarter in which the 
advertisement is ordered. The size of the adve1tisements shall not exceed 

40 square feet. 

b. Warning Label Rotation. Pursuant to Section 1333(c)(2) of the Act, the 

warnings 'A'il1 be rotated quarterly according to the schedule set out in 

Attachment 3. 

Other than Internet advertising, Xcaliber advertises only with printed 

point-of-sale signs, such as pole signs orshelftalkers. When these signs are 

needed, Xca1iber will submit artwork to its printsuppliers. This am,vork will 

reflect both the appropriate warning statementformat and the appropriate 

warning statement for the quarter in which the advertisement is ordered. 

Upon receiving a shipment ofprinted signs from its printsuppliers, Xcaliber 

will check to assure that both the appropriate warning statementformat and 

that warning statement for that quarter are imprinted on the sign. 

c. Internet. Xcaliber has developed and maintains an Internet website at 

\vww.xcaliberinternational.com. In Internet advertising, the warnings will 

be displayed in an unavoidable manner on every webpage where they may 

be viewed, withoutscrolling, and shall not be accessed through hyperlinks, 

popups, interstitials, or other similar means. The warning formats to be 

used by Xcaliber are consistent \Ni.th those warning formats submitted ,vith 

the 1985 plan ofthe five leading U.S. cigarette manufacturers; the size ofthe 

warnings shall be proportionate to those warning formats. The warnings 

1⁄2rill be rotated quarterly in accordance with the schedule set out in 

Attachment 3. 

If you have any questions, or need anything further, please do not hesitate to 

contact me. 

_,,,/ :0Regatils, 

i:i~.~tes 

General Counsel 

enclosures 
Attachment:1... "Royal"BrandStyles. 

The attachment is provided on the following pages. 
ROYAL 

Note: Royal is only lrVllilable in a box. 

Red 100 Menthol 100 
Attachment2 .1. 2018Sales Data 

The attachment is provided on the following pages. 
ATTACHMENT 2.1. 

Brands 

24/7 BOX 100 GOLD 

24n BOX 100 MENTHOL 

24/7 BOX 100 WENTHOL GOLD 

24/7 BOX 100 RED 

24/7 BOX 100 SILVER 

24/7 BOX KING GOLD 

24n BOX KING MENTHOL 

24n BOX KING RED 

BERKLEY BOX 100 GOLD 

BERKLEY BOX 100 MENTHOL 

BERKLEY BOX 100 MENTHOL GOLD 

BERKLEY BOX 100 RED 

BERKLEY BOX 100 SILVER 

BERKLEY BOX KING GOLD 

BERKLEY BOX KING RED 

BERKLEY SP 100 GOLD 

BERKLEY SP 100 MENTHOL 

BERKLEY SP 100 MENTHOL GOLD 

BERKLEY SP 100 RED 

BERKLEY SP 100 SILVER 

BERKLEY SP KING GOLD 

BERKLEY SP KING MENTHOL 

BERKLEY SP KING NON FILTER 

BERKLEY SP KING RED 

BERKLEY SP KING SILVER 

BERLEY BOX 100 BLUE 

BERLEY BOX 100 GOLD 

BERLEY BOX 100 MENTHOL 

BERLEY BOX 100 MENTHOL GOLD 

BERLEY BOX 100 RED 

BERLEY BOX KING BLUE 

BERLEY BOX KING GOLD 

BERLEY BOX KING MENTHOL 

BERLEY BOX KING MENTHOL GOLD 

BERLEY BOX KING RED 

BERLEY SP 100 BLUE 

BERLEY SP 100 GOLD 

BERLEY SP 100 MENTHOL 

BERLEY SP 100 MENTHOL GOLD 

BERLEY SP 100 RED 

BERLEY SP KING BLUE 

BERLEY SP KING GOLD 

BERLEY SP KING NON FILTER 

BERLEY SP KING RED 

ECHO BOX 100 RED 

ECHO BOX 100 BLUE 

ECHO BOX 100 GOLD 

ECHO BOX 100 MENTHOL 

ECHO BOX 100 MENTHOL GOLD 

ECHO BOX KING BLUE 

ECHO BOX KING GOLD 

ECHO BOX KING MENTHOL 

ECHO BOX KING MENTHOL GOLD 

ECHO BOX KING NON FILTER 

ECHO BOX KING RED 

ECHO SP 100 BLUE 

ECHO SP 100 GOLD 

ECHO SP 100 MENTHOL 

ECHO SP 100 MENTHOL GOLD 

ECHO SP 100 RED 

ECHO SP KING BLUE 

ECHO SP KING GOLD 

ECHO SP KING NON FILTER 

ECHO SP KING RED 
EDGEFIELD BOX 100 GOLD 

EDGEFIELD BOX 100 MENTHOL 

EDGEFIELD BOX 100 MENTHOL GOLD 

EDGEFIELD BOX 100 RED 

EDGEFIELD BOX 100 SILVER 

EDGEFIELD BOX KING GOLD 

EDGEFIELD BOX KING MENTHOL 

EDGEFIELD BOX KING MENTHOL GOLD 

EDGEFIELD BOX KING NON FILTER 

EDGEFIELD BOX KING RED 

EDGEFIELD BOX KING SILVER 

EXETER BOX 100 BLUE 

EXETER BOX 100 GOLD 

EXETER BOX 100 MENTHOL 

EXETER BOX 100 MENTHOL GOLD 

EXETER BOX 100 RED 

EXETER BOX KING BLUE 

EXETER BOX KING GOLD 

EXETER BOX KING MENTHOL 

EXETER BOX KING MENTHOL GOLD 

EXETER BOX KING NON FILTER 

EXETER BOX KING RED 

EXETER SP 100 BLUE 

EXETER SP 1 00 GOLD 

EXETER SP 100 MENTHOL 

EXETER SP 100 MENTHOL GOLD 

EXETER SP 1 00 RED 

EXETER SP KING GOLD 

EXETER SP KING NON FILTER 

EXETER SP KING RED 

GOLDEN BLEND BOX 100 GOLD 

GOLDEN BLEND BOX 100 MENTHOL 

GOLDEN BLEND BOX 100 MENTHOL GOLD 

GOLDEN BLEND BOX 100 RED 

GOLDEN BLEND BOX 100 SILVER 

GOLDEN BLEND BOX KING GOLD 

GOLDEN BLEND BOX KING RED 

GOLDEN BLEND SP 100 GOLD 

GOLDEN BLEND SP 100 MENTHOL 

GOLDEN BLEND SP 100 RED 

GOLDEN BLEND SP 100 SILVER 

GOLDEN BLEND SP KING NON FILTER 

GOLDEN BLEND SP KING RED 

GSMOKE BOX 100 GOLD 

GSMOKE BOX 100 RED 

GSMOKE BOX KING GOLD 

GSMOKE BOX KING RED 

GSMOKE SP 100 BLUE 

GSMOKE SP 100 MENTHOL 

MAIN STREET BOX 100 BLUE 

MAIN STREET BOX 100 GOLD 

MAIN STREET BOX 100 MENTHOL 

MAIN STREET BOX 100 MENTHOL GOLD 

MAIN STREET BOX 100 RED 

MAIN STREET BOX KING GOLD 

MAIN STREET BOX KING MENTHOL 

MAIN STREET BOX KING RED 

MAIN STREET SP 100 BLUE 

MAIN STREET SP 100 GOLD 

MAIN STREET SP 100 MENTHOL 

MAIN STREET SP 100 MENTHOL GOLD 

MAIN STREET SP 100 RED 

MAIN STREET SP KING RED 

SPORT BOX 100 BLUE 

SPORT BOX 100 GOLD 

SPORT BOX 100 MENTHOL 

SPORT BOX 100 MENTHOL GOLD 
SPORT BOX 100 RIED 

SPORT BOX KING GOLD 

SPORT BOX KING MENTHOL 

SPORT BOX KING RED 

SPORTSP 100 BLUE 

SPORT SP 100 GOLD 

SPORT SP 100 MENTHOL 

SPORTSP 100 MENTHOL GOLD 

SPORT SP 100 RED 

SPORT SP KING GOLD 

SPORTSP KING MENTHOL 

SPORTSP KING RED 

Total: 
Attachment2.2.2019 Sales Data. 

The attachment is provided on the following pages. 
ATTACHMENT 2.2. 

.Brands 

24/7 BOX 100 GOLD 

24/7 BOX 100 MENTHOL 

24n BOX 100 MENTHOL GOLD 

24/7 BOX 100 RED 

24n BOX 100 SILVER 

24/7 BOX KING GOLD 

24/7 BOX KING MENTHOL 

24/7 BOX KING RED 

BERKLEY BOX 100 GOLD 

BERKLEY BOX 100 MENTHOL 

BERKLEY BOX 100 MENTHOL GOLD 

BERKLEY BOX 100 RED 

BERKLEY BOX 100 SILVER 

BERKLEY BOX KING GOLD 

BERKLEY BOX KING RED 

BERKLEY SP 100 GOLD 

BERKLEY SP 100 MENTHOL 

BERKLEY SP 100 MENTHOL GOLD 

BERKLEY SP 100 RED 

BERKLEY SP 100 SILVER 

BERKLEY SP KING GOLD 

BERKLEY SP KING MENTHOL 

BERKLEY SP KING NON FILTER 

BERKLEY SP KING RED 

BERKLEY SP KING SILVER 

BERLEY BOX 100 BLUE 

BERLEY BOX 100 GOLD 

BERLEY BOX 100 MENTHOL 

BERLEY BOX 100 MENTHOL GOLD 

BERLEY BOX 100 RED 

BERLEY BOX KING BLUE 

BERLEY BOX KING GOLD 

BERLEY BOX KING MENTHOL 

BERLEY BOX KING MENTHOL GOLD 

BERLEY BOX KING RED 

BERLEY SP 100 BLUE 

BERLEY SP 100 GOLD 

BERLEY SP 1 00 MENTHOL 

BERLEY SP 100 MENTHOL GOLD 

BERLEY SP 100 RED 

BERLEY SP KING BLUE 

BERLEY SP KING GOLD 

BERLEY SP KING NON FILTER 

BERLEY SP KING RED 

ECHO BOX 100 RED 

ECHO BOX 100 BLUE 

ECHO BOX 100 GOLD 

ECHO BOX 100 MENTHOL 

ECHO BOX 100 MENTHOL GOLD 

ECHO BOX KING BLUE 

ECHO BOX KING GOLD 

ECHO BOX KING MENTHOL 

ECHO BOX KING MENTHOL GOLD 

ECHO BOX KING NON FILTER 

ECHO BOX KING RED 

ECHO SP 100 BLUE 

ECHO SP 100 GOLD 

ECHO SP 100 MENTHOL 

ECHO SP 100 MENTHOL GOLD 

ECHO SP 100 RED 

ECHO SP KING BLUE 

ECHO SP KING GOLD 

ECHO SP KING NON FILTER 
ECHO SP KING RED 

EDGEFIELD BOX 100 GOLD 

EDGEFIELD BOX 100 MENTHOL 

EDGEFIELD BOX 100 MENTHOL GOLD 

EDGEFIELD BOX 100 RED 

EDGEFIELD BOX 100 SIL VER 

EDGEFIELD BOX KING GOLD 

EDGEFIELD BOX KING MENTHOL 

EDGEFIELD BOX KING MENTHOL GOLD 

EDGEFIELD BOX KING NON FILTER 

EDGEFIELD BOX KING RED 

EDGEFIELD BOX KING SILVER 

EXETER BOX 100 BLUE 

EXETER BOX 100 GOLD 

EXETER BOX 100 MENTHOL 

EXETER BOX 100 MENTHOL GOLD 

EXETER BOX 100 RED 

EXETER BOX KING BLUE 

EXETER BOX KING GOLD 

EXETER BOX KING MENTHOL 

EXETER BOX KING MENTHOL GOLD 

EXETER BOX KING NON FILTER 

EXETER BOX KING.RED 

EXETER SP 100 BLUE 

EXETER SP 100 GOLD 

EXETER SP 100 MENTHOL 

EXETER SP 100 MENTHOL GOLD 

EXETER SP 100 RED 

EXETER SP KING GOLD 

EXETER SP KING NON FILTER 

EXETER SP KING RED 

GOLDEN BLEND BOX 100 GOLD 

GOLDEN BLEND BOX 100 MENTHOL 

GOLDEN BLEND BOX 100 MENTHOL GOLD 

GOLDEN BLEND BOX 100 RED 

GOLDEN BLEND BOX 100 SILVER 

GOLDEN BLEND BOX KING GOLD 

GOLDEN BLEND BOX KING RED 

GOLDEN BLEND SP 100 GOLD 

GOLDEN BLEND SP 100 MENTHOL 

GOLDEN BLEND SP 100 MENTHOL GOLD 

GOLDEN BLEND SP 100 RED 

GOLDEN BLEND SP 100 SILVER 

GOLDEN BLEND SP KING NON FILTER 

GOLDEN BLEND SP KING RED 

GSMOKE BOX 100 GOLD 

GSMOKE BOX 100 RED 

GSMOKE BOX KING GOLD 

GSMOKE BOX KING RED 

GSMOKE SP 100 BLUE 

GSMOKE SP 100 MENTHOL 

MAIN STREET BOX 100 BLUE 

MAIN STREET BOX 100 GOLD 

MAIN STREET BOX 100 MENTHOL 

MAIN STREET BOX 100 MENTHOL GOLD 

MAIN STREET BOX 100 RED 

MAIN STREET BOX KING GOLD 

MAIN STREET BOX KING MENTHOL 

MAIN STREET BOX KING RED 

MAIN STREET SP 100 BLUE 

MAIN STREET SP 100 GOLD 

MAIN STREET SP 100 MENTHOL 

MAIN STREET SP 100 MENTHOL GOLD 

MAIN STREET SP 100 RED 

MAIN STREET SP KING RED 

SPORT BOX 100 BLUE 
SPORT BOX 100 GOLD 

SPORT BOX 100 MENTHOL 

SPORT BOX 100 MENTHOL GOLD 

SPORT BOX 100 RED 

SPORT BOX KING GOLD 

SPORT BOX KING MENTHOL 

SPORT BOX KING RED 

SPORT SP 100 BLUE 

SPORTSP 100 GOLD 

SPORT SP 100 MENTHOL 

SPORT SP 100 MENTHOL GOLD 

SPORTSP 100 RED 

SPORTSP KING GOLD 

SPORT SP KING MENTHOL 

SPORT SP KING RED 

Total: 
Attachment3 . Schedulefor QuarterlyRotation. 
- - -- ---------

_- -

Attachment3. Schedulefor Quarterly Rotation ofWarnings inAdvertisements 

The schedule for quarterly rotation is as follows: 

--------~ 

~ z A B C I D - · .. - - ·- - · -- - . -- -··- Berkle\ B D . -1 A ·-- ·---- C - --- C ~ . D A - -- . 1B

D B ·c - Echo A ---- efield A B C D

Exeter D A_ - -- Golden Blend C A B -- . -D . ___, __ -- - -· - - Gsmoke C 

Mainstreet D

i -

B 

-~-

-

~ 

C -

Sport _-__-! ~ ---- - - A 

Multi-Brand B 

Royal . D ___ -·-· A _ _ j -

C -=·--_j 

The warnings are as follows: 

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

May Complicate Pregnancy. ___ _ _ -,------,, __ 

B - ---i1f..;s=URGEON GENERAL'S WARNING: Quitting Smoking Now Greatly Reduces Serious Risks to Your 

Health. 

C 

D 

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

Premature Birth, And Low Birth Weight. 

SURGEONGENERAL'S W~~:Cigarette Smoke Contains Carbon Mq!_1.oxide. . - - - -
United States ofAmerica 

FEDERAL TRADE COMMISSION 

Washington, D.C. 20580 

Division of 

Advertising Practices 

Julyll,2019 

Mr. Eric Barkley Estes 

General Counsel 

Xcaliber International, Ltd., LLC 

One Tobacco Road 

Pryor, OK 74361 

Dear Mr. Estes: 

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) ofthe 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 Xcaliber International, Ltd., LLC ("Xcaliber") on July 9, 2019, 

calling for: (1) quarterly rotation ofthe four health warnings in point-of-sale advertising up to 40 

square feet in size for the Royal brand ofcigarettes; (2) quarterly rotation ofthe four health 

warnings in internet advertising for the Royal brand ofcigarettes; and (3) simultaneous display 

(i.e., the alternative to quarterly rotation) ofthe four health warnings on packaging for certain 

varieties of the Royal brand ofcigarettes. 

Xcaliber's plan for rotation and display ofthe four health warnings in the aforementioned 

advertising for the Royal brand ofcigarettes is hereby approved. Approval of the plan assumes 

that the plan is implemented in good faith. With respect to the question of whether it is legal to 

advertise cigarettes on the Internet, Section 1335 ofthe Cigarette Act prohibits advertising 

cigarettes on any medium ofelectronic communication subject to the jurisdiction ofthe Federal 

Communications Commission. The enforcement of that provision is the responsibility ofthe 

Department ofJustice and you should contact them directly (Lawrence C. Keller at 202-598-

2781) to determine whether such advertising on the Internet is permissible. 

Xcaliber's sales appear to qualify for the aforementioned alternative to quarterly rotation 

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

your June 6, 2019 letter appear to meet the requirements ofthe Cigarette Act in force as ofthe 

date ofthis letter for size and conspicuousness. 

Accordingly, Xcaliber's plan for simultaneous display ofthe four health warnings on 

packaging is hereby approved for the Red I 00's Box and Menthol I 00's Box varieties ofthe 
Mr. Eric Barkley Estes 

July 11,2019 

Page 2 

Royal brand. 

1 This approval of Xcaliber's plan for the display of the four health warnings 

on packaging is effective on the date of this letter and runs through July 10, 2020, or until 

the authority to approve cigarette health warning statement plans moves from the FTC to 

the FDA, whichever comes first. 

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

information demonstrating proper implementation ofthe 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 Xcaliber's cigarette health warning statement 

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

enactment ofthe Family Smoking Prevention and Tobacco Control Act ("FSPTCA"). Moreover, 

it is not in any way an approval ofany other design element, statement, or representation made 

on packaging or in advertising for Xcaliber's cigarettes. Nor does this letter purport to interpret 

or express any opinion about the adequacy ofXcaliber's packaging and advertising under the 

FSPTCA 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). 

Because the FSPTCA 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 

www.fda.gov/TobaccoProducts/Resourcesfor Y ou/ucm 17 6164 .htm. 

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

(202) 326-2356. 

Very truly yours, 

MARY Digitally signed by

MARY ENGLE 

Date: 2019.07.11 ENGLE 13:52:33 -04'00' 

Mary K. Engle 

Associate Director 

As set forth in its July 9, 2019 letter, Xcaliber is using the color "Red" to identify its 

Royal Red I00's Box variety. We note that the word "Red" is not printed on the packaging for 

that variety, but the color used for that variety's packaging does conform to the color used in its 

name. 

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 
'MfiUIHain 

KING MOUNTAIN TOBACCO COMPANY, INC. 

P.O. BOX422 

WHITE SWAN, WASHINGTON 98952 

Phone: (509) 874-9935 Fax: (509) 874-3690 

July 16. 2019 

Ms. 1\.1.ary K. Engle 

Associate Director 

Burenu of Consumer Protection 

D1vis1on of Advertising Practices 

Federal Trade Comm1ss1on 

600 Pennsylvania Ave NW 

Washington, DC 20580 

RE· K,ng Mountain Tobacco Company Inc. ~ Ki:19 Mountarn Cigarette Labeling 

Rotation Renewal Pursuant to 15 U. S.C. §1333(c)(2) for annual approval of the plan of King 

Mountain Tobacco Company. Inc . for the display of the four heafth warnings on packaging for its 

King Mounlam Cigarette Brand Your Office last approved King Mountarn·s plan for the display 

of the Health Wamrngs on the pacl<:aging of the King Mountain Cigarettes on July 18. 2018 and 

there havo:- been no ch,mgas in packaging since that tlme The warnings w,11 aopear exactly as 

'>hewn •)n the samr,les with the letter dat'.:!d June 13. 2018. Please note we manufacture F,re 

Safe Cigarettes rFsC~). Fire Safe Cigarettes are 1dent1fied by the letters "Fsc~rn bold above 

the UPC label on borh the car!ons and cigarette boxes All of King t111ountain Tobar..co·s 

packag111g is 1r1 the hard pack scyle. 

Kmg Mo;.mt,3in Tobacco Company, Inc , ("KMT"') confim1s and warrants that it wiil conduct its 

operations so that the four warnings specified 1n 15 U.S.C § 1333(a)(1) will appear ;,n ~qual 

number of tim>:!s on the packs and cartons ofeach of the t€n brand styles of Fire Safe Kmg 

Mounta,r. Ctgarsttes (hsted below) it manufactures dunng the twelve-month period following 

approval of this application. In or<ler to ensure equal d1stnbution of the four wammgs specified 

m 15 U S.C. 13'33(a ){1 }. KMT will require that cne-fourth of each order of package and carton 

materials be printed with each of the four warnings. KMT w1il keep reC('Jrds demonstrating 

compilance •1,,ith the plan {please see Attachmems A and B). Attachment A shows Press Run A 

and Pres,;, Run B, each press run is run on ::m afternatmg sequence to ensure an equal amount 

of the Surgeon General Warning Labels perorderof packaging. Attachment B indicates the 

warning labels that Are used with Run A and Run 8 . Should there be any residual or additJonnl 

packaging that 1s needed to be added or subtracted from inventory in order to obtain 100% 

compliance of the proper Surgeon General Warning rotation as specified in 15 U.S.C. 

§1333(c)(2) will be done manually 1f needed by King Mountain employees bafors the exp1rat1on 

of the plan. 

KMT w,U keep records demonstrating compliance with this plan. 
Sales of King Mountain did :iot exceed one-fourth of one percent of cigarettes sold rn the United 

States dunng the calendar year 2018 KMTs fiscal year ;s the calendar year. 

KMT manufactures Kmg Mountain cigarettes uf'lder Tobacco Manufacturing License Number 

TP-WA-15000 l"Jng Mountain is tha only brand of cigarettes KMT manufactures and KMT does 

not import any cigarettes into the United States 

Cigarette labeling in the United States 1s governed 1n part by the Federal Cigarette Labeling and 

Adverr,s1ng Act as amended 36 U SC §§1 331-41 The C-:,mm1ss1on rr:ay grant the twelve 

months simultaneous display label rolal1on cycle that KMT requests 1f: 

(1) the number of cigarettes of sucf-\ brand style sold m the fiscal year of the manufacturer 

or importer preceding the subm1ss1on of the app!icat,on 1s less than one-fourth of one percent of 

ail clgare~tes sold m the Un,ted States in such year, and 

lH} m.:>re than one-half of the cigarettes manufactured or imported by such manufacturer 

or importer for sale 1n the United States are packaged mto brand s:yles which met the 

requirements of clause (1). 

15 US C. §1333(c)(2}(A). The tenn -brand style 1s defined in the statute to mean· A variety of 

cigarettes d1stingu1shed by the tobacco lJ:Sea tar and .,,cot,ne content. flavr.mng used size of the 

cigarette filtrat?on on the cigarette, or packaging 

15 IJ S C. §1332(8,l 

KMT plans to manufacture the folio\\ ing styles of Kmg Mountain. 

Red K1n9 (Fire Safe, Red 100s {fire Safe) 

Gold King (Ftre Safe) Gold 100s (fire Safe, 

SIU€ King (Fire Safe} Blue 100s (Fire Safe) 

Menthol King (Fire Safe) Menthol 100s (Fife SafeJ 

Menthol Gold King (Fire Safe) Menthol Gold 100s {F•re Safe) 

Mounta;n Tobacco does not import or manufacture any ether brands 

was.c the highest selhng style w1t~st1cks sold during 2018. This amount ts • 

~C

clearly fes.; than Mone-fourth of 1 percent of all c1gB,ettes sold m the United States in 2018, as 

§1333(c)(2)(A)(i) Estimated safes for 2019 are-sticks with 

----sellingapprox1mate!y-st1cks KMT ongmally received approval 

for our advertising plan on June 25th. 2009, there have been no changes in our advertising plan 

since that time. and KMT will maintain compliance with that plan. 

If any additional information 1s required please contact Chris Stanley at 561 -325-5921 or at 

B_ar.dCA.ssoci.:Jtes(a)gma, con.. 
Sincerely I' 

( {. \ 1 •• • ,r " 

) ancey Black 

General Marager 
KING King Mountain Tobacco Company Inc. 

P. 0. Box 422 Mountain White Swan, Washington 98952

Phone: (509) 874-9935 Fax: (509) 874-3690 

ATTACHMENT A 

KING MOUNTAIN - SGW ROTATION 

Press Run A 

85MM CPBs FSC - Run 30 UP 

Warning A Warning B Warning C WamingD 

Red 

Gold 

Menthol 

Blue 

Menthol 

Gold 

TOTAL: 

8 

7 

8 

7 

8 

38 

8 

7 

8 

7 

8 

38 

7 

8 

7 

8 

7 

37 

7 

8 

7 

8 

7 

37 

l00MM CPBs FSC - Run 20 UP 

Warning A Warning B WamingC WamingD 

Red 

Gold 

Menthol 

Blue 

Menthol 

Gold 

TOTAL 

5 

5 

5 

5 

5 

25 

5 

5 

5 

5 

5 

25 

5 

5 

5 

5 

5 

25 

5 

5 

5 

5 

5 

25 

85MM Outer Cartons FSC - Run 6 UP 

Warning A WarningB Warning C Warn.ingD 

Red 

Gold 

Menthol 

Blue 

Menthol 

Gold 

TOTAL: 

2 

l 

2 

2 

l 

8 

2 

I 

2 

2 

1 

8 

1 

2 

I 

I 

2 · 

7 

1 

2 

I 

l 

2 

7 

lOOMM Outer Cartons FSC - Run 6 UP 

Warning A Warning B Warning C WarningD 

Red 

Gold 

Menthol 

Blue 

Menthol 

Gold 

TOTAL. 

2 

1 

2 

l 

2 

8 

2 

1 

2 

l 

2 

8 

1 

2 

1 

2 

I 

7 

I 

2 

I 

2 

I 

7 
King Mountain Tobacco Company Inc. KING P. 0. Box 422 Mountain White Swan, Washington 98952 

Phone: (509) 874-9935 Fax: (509) 874-3690 

KING MOUNTAIN -SGW ROTATION 

PressRunB 

85MM CPBs FSC - Run 30 UP 

Warning A Warning B WammgC WamingD 

Red 7 7 8 8 

Gold 8 8 7 7 

Menthol 7 7 8 8 

Blue 8 8 7 7 

!vlenthol 7 7 8 8 

Gold 

TOTAL: 37 37 38 38 

lO0MM CPBs FSC - Run 20 UP 

WamingA WarrungB WarnmgC WarmngD 

Red 5 5 5 5 

Gold 5 5 5 5 

Menthol 5 5 5 5 

Blue 5 5 5 5 

Menthol 5 5 5 5 

Gold 

TOTAL: 25 25 25 25 

85MM Outer Cartons FSC - Run 6 UP 

Warning A Warning B Warnmg C WammgD 

Red l 1 2 2 

Gold 2 2 I I 

Menthol l 1 2 2 

Blue l 1 2 2 

Menthol 2 2 1 1 

Gold 

TOTAL; 7 7 8 8 

l00MM Outer Cartons FSC - Run 6 UP 

Warning A WarningB WammgC Warrung D 

Red I 1 2 2 

Gold 2 2 I l 

Menthol I 1 2 2 

Blue 2 2 1 1 

Menthol 1 1 2 2 

Gold 

TOTAL: 7 7 8 8 
King Mountain Tobacco Warnings 

A C 

SURGEON GENERAL'S WARNING: SURGEON GENERAL'S WARNING: Smoking By 

Smoking Causes Lung Cancer, Heart Disease, Pregnant Women May Result mFetal lnJury, 

Emphysema, And May Complicate Pregnancy. Premature Birth, And low Birth Weight 

B D 

SURGEON GENERAL'S WARNING: SURGEON GENERAL'S WARNING: 

Ou1tting SmokingNow Greatly CigaretteSmoke 

Reduces Serious Risks to Your Health. Contains Carbon Monoxide. 
United States ofAmerica 

FEDERAL TRADE COMMISSION 

Washington, D.C. 20580 

Division of 

Advertising Practices 

July 17, 2019 

Mr. Yancey Black 

King Mountain Tobacco Company, Inc. 

P.O. Box422 

White Swan, WA 98952 

Dear Mr. Black: 

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) ofthe 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 King Mountain Tobacco Company, Inc. ("KMTC") on July 16, 

2019, calling for simultaneous display (i.e., the alternative to quarterly rotation) ofthe four 

health warnings on packaging for certain hard pack varieties ofthe King Mountain brand of 

cigarettes. 

KMTC's sales appear to qualify for the aforementioned alternative to quarterly rotation 

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

your letter dated June 18, 2018 continue to meet the requirements ofthe Cigarette Act in force as 

ofthe date ofthis letter for size and conspicuousness. 1 

Accordingly, KMTC's plan for simultaneous display ofthe four health warnings on 

packaging is hereby approved for the following hard pack varieties ofthe King Mountain brand: 

Red (Kings and lOO's), Gold (Kings and I00's), Blue (Kings and l00's), Menthol (Kings and 

lOO's), and Menthol Gold (Kings and l00's). 

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

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

any person who violates its provisions is guilty ofa misdemeanor. 

1 KMTC stated in its July 16, 2019 letter that the four health warnings will appear exactly as 

shown on the sample packs and cartons submitted on June 18, 2018. 

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. 
Mr. Yancey Black 

July 17, 2019 

Page 2 

Please note that this letter only approves KMTC's cigarette health warning statement 

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

enactment ofthe Family Smoking Prevention and Tobacco Control Act ("FSPTCA"). Moreover, 

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

on packaging or in advertising for KMTC's cigarettes. Nor does this letter purport to interpret or 

express any opinion about the adequacy ofKMTC's packaging and advertising under the 

FSPTCA 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 ofCigarettes and Smokeless Tobacco to Protect Children 

and Adolescents (published March 19, 2010). 

Because the FSPTCA 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 ofcertain 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 

www.fda. gov/T obaccoProducts/Resourcesfor Y ou.iucm 17 6164 .htm. 

This approval is effective on the date of this letter and runs through July 16, 2020, 

or until the authority to approve cigarette health warning statement plans moves from the 

FTC to the FDA, whichever comes first. 

Ifyou have any questions regarding this approval, please contact Aine Farrell at (202) 

326-2409. 

Very truly yours, 

4k k,. ¥/ha ~o-r 

M:;t... Engle 

Associate Director 
July 16, 2019 

Ms. Mary K. Engle 

Federal Trade Commission 

600 Pennsylvania Avenue, N W 

Mail Drop CC-10528 

Washington, DC 20580 

RE: Cigarette Health Warning Rotation Plan 

Dear Ms. Engle, 

This letter is being submitted by Joseph M. Anderson doing business as Smokin Joes for 

the alternative method to the quarterly Surgeon General Warning rotation plan for 

packaging ofthe following fifteen ( 15) varieties ofthe Exact cigarette brand, twelve (12) 

varieties ofthe Exact Elite cigarette brand, eighteen ( 18) styles ofthe Lewiston cigarette 

brand, twenty (20) varieties of the Market cigarette brand, one (1) style ofthe Maple Leaf 

cigarette brand, two (2) styles of the Outdoor Freedom cigarette brand, twenty-two (22) 

styles of the Smokin Joes cigarette brand, twenty-one (21) styles of the Smokin Joes 

Natural cigarette brand, eighteen (18) styles of the Smokin Joes Premium cigarette brand, 

and two (2) varieties ofthe Nightclub cigarette brand: 

4900 Indian Hill Road 

Lewiston, NY 14092 

( 716 ) 754-4064 

Fax ( 716) 754-4184 

Exact Ci arette Brand 

Exact Canadian Red Kin Size Soft Pack 

Exact Canadian Blue Kin Size Soft Pack 

Exact Red 100 Size Soft Pack 

Exact Red Kin Size Box 

Exact Red Kin Size Soft Pack 

Exact Gold 100 Size Soft Pack 

Exact Gold 100 Size Box 

Exact Gold Kin Size Box 

Exact Gold Kin Size Soft Pack 

Exact Menthol 100 Size Soft Pack 

Exact Menthol 100 Size Box 

Exact Menthol Kin Size Soft Pack 

Exact Menthol Gold 100 Size Soft Pack 

Exact Menthol Gold Kin Size Soft Pack 

Exact Blue 100 Size Soft Pack 

Exact Elite Ci arette Brand 

Exact Elite Red 100 Size Soft Pack 

act Elite Red Ki:, Size Box 800-274-8 

www.smokinjoe.com 
Exact Elite Red Kina Size Soft Pack 

Exact Elite Gold 100 Size Soft Pack 

Exact Elite Gold Kina Size Box 

Exact Elite Gold King Size Soft Pack 

Exact Elite Menthol 100 Size Soft Pack 

Exact Elite Menthol Kina Size Soft Pack 

Exact Elite Menthol Gold 100 Size Soft Pack 

Exact Elite Menthol Gold Kina Size Soft Pack 

Exact Elite Non-Filter Kina Size Box 

Exact Elite Blue 100 Size Soft Pack 

Lewiston Ch?arette Brand 

Lewiston Red 100 Size Soft Pack 

Lewiston Red 100 Size Box 

Lewiston Red King Size Box 

Lewiston Red Kina Size Soft Pack 

Lewiston Gold 100 Size Soft Pack 

Lewiston Gold 100 Size Box 

Lewiston Gold Kina Size Box 

Lewiston Gold Kina Size Soft Pack 

Lewiston Menthol 100 Size Soft Pack 

Lewiston Menthol 100 Size Box 

Lewiston Menthol Kina Size Soft Pack 

Lewiston Menthol Kina Size Box 

Lewiston Menthol Gold 100 Size Soft Pack 

Lewiston Menthol Gold 100 Size Box 

Lewiston Menthol Gold Kina Size Soft Pack 

Lewiston Non-Filter Kina Size Soft Pack 

Lewiston Blue 100 Size Soft Pack 

Lewiston Blue 100 Size Box 

Maple LeafCigarette Brand 

Manie Leaf Canadian Blue Kina Size Box 

Market Cigarette Brand 

Market Red 100 Size Box 

Market Red 100 Size Soft Pack 

Market Red King Size Box 

Market Red King Size Soft Pack 

Market Gold 100 Size Box 

Market Gold 100 Size Soft Pack 

Market Gold King Size Box 

Market Gold King Size Soft Pack 

Market Menthol 100 Size Box 

Market Menthol 100 Size Soft Pack 

Market Menthol King Size Soft Pack 

Market Menthol King Size Box 

Market Menthol Gold 100 Size Box 

Market Menthol Gold 100 Size Soft Pack 

Market Menthol Gold King Size Soft Pack 

Market Menthol Blue 100 Size Box 

2 
Market Non-Filter King Size Box 

Market Blue 100 Size Box 

Market Blue 100 Size Soft Pack 

Market Blue King Size Box 

Outdoor Freedom Cirrnrette Brand 

Outdoor Freedom Original King Size Box 

Outdoor Freedom Smooth King Size Box 

Smokin Joes Citrnrettc Brand 

Smokin Joes Red 100 Size Soft Pack 

Smokin Joes Red 100 Size Box 

Smokin Joes Red Kina Size Box 

Smokin Joes Red Kina Size Soft Pack 

Smokin Joes Gold 100 Size Soft Pack 

Smokin Joes Gold 100 Size Box 

Smokin Joes Gold Kina Size Box 

Smokin Joes Gold Kina Size Soft Pack 

Smokin Joes Menthol 100 Size Soft Pack 

Smokin Joes Menthol 100 Size Box 

Srnokin Joes Menthol Kina Size Soft Pack 

Smokin Joes Menthol Kina Size Box 

Smokin Joes Menthol Gold 100 Size Soft Pack 

Smokin Joes Menthol Gold 100 Size Box 

Smokin Joes Menthol Gold Kina Size Soft Pack 

Smokin Joes Menthol Gold King Size Box 

Smokin Joes Non-Filter Kina Size Soft Pack 

Srnokin Joes Non-Filter Kina Size Box 

Smokin Joes Blue 100 Size Soft Pack 

Smokin Joes Blue 100 Size Box 

Smokin Joes Blue Kina Size Soft Pack 

Smokin Joes Blue Kina Size Box 

Smokin Joes Natural Cil!arette .Brand 

Smokin Joes Natural Purole 100 Size Soft Pack 

Smokin Joes Natural Purole 100 Size Box 

Smokin Joes Natural Purole Kino Size Box 

Smokin Joes Natural Purole Kina Size Soft Pack 

Smokin Joes Natural Silver 100 Size Soft Pack 

Smokin Joes Natural Silver 100 Size Box 

Smokin Joes Natural Silver Kino Size Soft Pack 

Smokin Joes Natural Silver Kina Size Box 

Smokin Joes Natural Menthol 100 Size Soft Pack 

Smokin Joes Natural Menthol 100 Size Box 

Smokin Joes Natural Menthol King Size Box 

Smokin Joes Natural Red 100 Size Soft Pack 

Smokin Joes Natural Red 100 Size Box 

Smokin Joes Natural Red Kino Size Soft Pack 

Smokin Joes Natural Red Kina Size Box 

Smokin Joes Natural Menthol Gold 100 Size Soft Pack 

Smokin Joes Natural Menthol Gold King Size Box 

3 
Smokin Joes Natural Non-Filter Kina Size Soft Pack 

Smokin Joes Natural White 100 Size Soft Pack 

Smokm Joes Natural Wh1te100 Size Box 

Smokin Joes Natural White Kmg Size Soft Pack 

Smokin Joe~!"!_mium Cigarette Brand -·- - Smok1n Joes Premium Canadian Red Kinq Size Box 

Srnokin Joes Premium Canadian Blue King Size Box 

Smokm Joes Premium Red 100 Size Soft Pack 

Smokm Joes Premium Red 100 Size Box 

Smokrn Joes Premium Red King Size Box 

Smok1n Joes Premium Red Kinq Size Soft Pack 

Smokrn Joes Premium Gold 100 Size Soft Pack 

Smokin Joes Premium Gold 100 Size Box 

Smokrn Joes Premium Gold Kinq Size Box 

Smokrn Joes Premium Gold Krng Size Soft Pack 

Smokrn Joes Premium Menthol 100 Size Soft Pack 

Smokin Joes Premium Menthol 100 Size Box 

Smokrn Joes Premium Menthol King Size Soft Pack 

Smokrn Joes Premium Menthol Gold 100 Size Soft Pack 

Smokrn Joes Premium Menthol Gold King Size Soft Pack 

Smokin Joes Premium Non-Filter Kino Size Soft Pack 

Smokm Joes Premium Blue 100 Size Soft Pack 

Smokrn Joes Premium Blue King Size Soft Pack 

Nii:ihtclub Cigarette Brand 

Nightclub Rich King Size Box 

Nightclub Smooth Kmo Size Box 

These cigarettes are manufactured by Joseph M. Anderson d/b/a Smokin Joes; Smokin 

Jocs does not import cigarettes. Upon approval of this plan, the manufacturer will 

continue to sell these cigarettes under the authority ofthe Bureau ofAlcohol, Tobacco & 

Firearms (Manufacturer ofTobacco Products License TP-NY-168). 

The products submitted with this plan will continue to be packaged in 200 count cartons 

("Outer Cartons"). Each Outer Carton will contain 10 packs of 20 cigarettes each 

('"Pack'} The warnings will appear exactly as they do on the actual pack labels and 

cartons submitted to the Federal Trade Commission on June 28, 2018. 

Smokin Joes 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; sales 

figures for all Smokin Joes manufactured brands styles are provided on Exhibit A. Of all 

Smokin Joes manufactured cigarette brand styles for the fiscal rear from Ma 1, 2018 

~ril 30, 2019, the biggest seller was 

.....sticks. 

Ifthis plan for the alternative to quarterly rotation ofwarnings on packaging is approved, 

the four cigarette health warnings will appear on the packs and cartons of each of the 

4 
cigarette brand varieties listed above an equal number of times for the one year period 

beginning on the date this plan is approved. To ensure the cigarette health warnings 

appear on the cigarette brand styles an equal number of times throughout the plan year, 

raw material packaging inventory will be stored and loaded into packaging machines 

alternating the four health warnings. 

Smokin Joes will continue to comply with its May 1, 2007 amended plan for advertising 

the Exact, Lewiston, Market, Outdoor Freedom, and Smokin Joes cigarette brands as well 

as its February 19, 2008 plan for advertising the Nightclub cigarette brand and its April 

16, 2009 plan for advertising the Maple Leafcigarette brand. 

Smokin Joes, 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 Act. Smokin Joes will maintain record of compliance with the approved plan. 

The submitted carton and pack label for each brand style bearing each Surgeon General 

warning satisfies the requirement of package submission. If there are any questions or 

concerns regarding this plan, please contact me at 716-754-4064 ext. 9327. 

Sincerely, rtt 1t1 (,~-- John DiCarlo 

Director ofOperations 

5 
I STICK SAi.ES; 

~MOKIN JO~S __ ~ l!J3 • 4/30/lt 

BRAND 

l!XACT 

FXACT CANADIANREDKINS,S 

EXAC'I RED Kl~GS 

l:.XACfGOLD KJNGS 

EXACT MENTHOt. Kl GS 

EXA<1'CANAD!ANBLUE KIN(;S 

F.XAl'r ~ENTH0L GOLD KINGS - -

EXACT RED KING HOX ~ 

EXACT GOLD K!NOJ,~ 

BJ:!~CT RJ:D I00 

EXACTGOLD 100 

f,-XACT MENTHOL 100 

C.'{AC'T MENTHOL GOLD _100 ___ ____ 

C,XACT BLUE 100 

F.XAIT(;OLD JOO BOX ____ --· 

EXACT MENTHOl. I 00 BOX 

EXACT •:LITE 

EXACTEL!TERf.DKINGS 

F.xACr!:.I !TE GOLD KINGS 

EXAC1 ELITE MENTHOL KINGS 

EXACT F.UTE MENTHOL 001.0 KINGS 

EXACT ELITE RED !(JNGBOX - ~ -...:...- . -=--- - - ~ ­ EXACT 6LITE GOLD KING UOX 

EXACTELI1E NON-FJLTER KING BOXEXACT ELITE RED 100 

EXAC1 ELITE GOLD JOO 

EXACT El.IT£ _MENTUOL !00 

F.X.\CT F.Lrrt: MENTU0L GOJ.,D I 00 

EXACT ELI rE BLUE 100 

1:EWIST0N . .. - --- -

Ll:WISTO:)I RED KINGS.-·- ...... 

LEWISTON GOI.D KI~GS. 

LEWISTON MENTHOL KINGS 

1.r:,\1sroN ~:1rNTiio1.. ooi:i) KINGS 

LEWL5TON NON-l'ILTER KINGS 

l.J:::WISlON RED KING BOX . ___ _ 

LEWI~TON GOLD KING BOX 

LfWISTON REI) 100 

I.I::WISTON GOLD 100 

uw1S,0N Mb~1iioi., io,.; - - - - - LEw1~1·0:-1 Mi::NTHOL GOLD 100 

LEWISTON 81..UI! I 00, -· ____. 

LEV.lSTON \ IENTHOL 100 BOX 

LloWlS1ON MEN rHOl. vQJ.,l) lot> BOX 

~WlSTONG0!,0 1008O:X 

Ll>WIS'T.J.)N l)iEN'.QIOL ~ INO P.O~ 

LEWISTON BLL'E 100 BOX 

1,1:;WIST0N RED 100 BOX 

-~~Ril:ET _ 

MARKET RfD KINGS 

MARKET GOLD KINGS 

Ml~KET MENTHOL KINGS 

M!:',_R.5'F.I_M§NTH__Q_L GOLD KJNGS 

MARKETNON-FII.TJ'.R KING BOX 

MAJ_lKIT RED KING BOX . MAMET GOLD KING BOX 

MA){Kff RED 100 

M ~RKET_9._OLD 100 

MARKET MENTHOL 100 

MARKE.f.M!:.NTJI0l,_GOLD 100=-- ----­ MARKt, BLUE 100 

MARKETlii;o 100oox 

MARKET GOLD IC-0 BOX 

MARKET MEN'TT-IOL 100 BOX 

MARKET ~!ENT!iOl. GOLD 100 BOX 

MARK.FT Bll>E 10013(_)l5 

MARKET MENTHOL BLIJC JOO BOX 

MARKET ll-lENfHOL KING BOX--- - ------+- ­

MARKET BLUE KING BOX 
_

STICKSALF.S: 

SMOKINJOES .51!/J 8 • 4/J\l./19 

SMOKJN JOES SATllRAL 

SMOKIN JOES NATI.:RAL PVRPLE KING BOX 

SMOK!1' J0£S NATI..R1L PURPLE KtNG 

SMOKIN JOES NATl:ML RED KING 

~MCKINJOESNATURAL siLVER Kl@__ ___ _ _ 

SMOKl'I JOcS NATVR"'L WHITE KING 

SMOKINJOES NATLRALNON-FiLTtR KING 

sMoKi:-i JOES N-.nRA1:~·ENTHOL KING Box--·-­

SMl.)Kl'-1 JOES NA11.,RAL MENTHOL GOLD KING·aox 

SMOKIN JOES 'IATl:RAi PURPLE 100 '----~--

S\10XtN JOES NA·n.'RAL RED 100 .. 

SMOKI!': JOES NATURAL SILVER 100 

SMOKI!\ JOES NA11JRAL MENTHOL l00 

~MOKIN JO~_NA1},RAL MENT!IOL GCJLD 100 

SMOKIN JOE SNATURAL WH11 E 100 ·- t·- SMOKn,; JOES NATURAL PURPLE I00 BOX 

si.10KIN ioF.s NAn:RAi.SILVER 1ooriox ·-·· -i 

SMOKIN JOES NATl.iRAL SILVER KJNG BOX ----- - r - ~ OKIN JOES Nb.JURAL WHITE 100 B01(__ 

Sl\,IOKIN JOF-5 NATURAL MENTHOi, 100 BOX 

S.MOKIN JOES NAT\JRAL 1\£0 KING BOX 

s~tOKIN1m:s NATURAL R§R 100 sox 

SMOKINJOES 

SMOKI, JOF..S RED KING 

SMOKINJOE.~ GOLD KING 

SMOKIN JOES MENTHOL KING 

SMOKI. I JOES MENTIIOL GOLD KING BOX 

SMOKIN /OhS MENTHOL GOLD KING 

SMO!ill,JQ-ES OWE KING. - •. 

SMOKN JO~ NON'.FILTER KING BOX 

SMOKI, JOES NO:-J-~1LTER K!NG 

SMOKIN IOF.S RED-KING BOX 

SMOK!N JO.E.S GOLD KING BOX 

sMoK·m ioE.~ 11:!EN"I HoL KJNG aox . SMOKlN IOES Bl lJE KING BOX 

SMOKII\ JOJli; RED 100 

SMOKIN JOES GOW lOO 

SMOKIN /OES MENTHOL 100 ___ _ ____ f 

SMOK/N JOt.SMENTIIOLGO(.[) 100 _ __ - - - ·- ···-

SMOKIN JOES BLUE iGO 

S_MQK11' JOF.~ REQ 100 BOX 

SMOKJ!\ JOES GOLD 100 BOX SMOK!N JOF.S MENTilOL IO~(l~B-O_X___ 

· SM.OKIN JOES MtNTH01. G(JLD I00 BOX 

sMOi<.1i-i Jcii:s Bi.ue·,o,1Box 

SMO KIN JOES PREMIIJl\1 

SMOKIN JOES PREMIUM RED KING 

SMOKIN JOES PREMIU~! GOLD KING 

SMOKfN JOF.S PREMIUM Mi;NTHO!. KING 

SMOKlN JOES PRl,M!UM M GOLD KINGS. - - - · 

SMOKJN JOES PREMIUM 8 1UE KING . __ _ ___ _ 

SMOKIN mF-S PREl\lllJM NO>I-FIL'rER KING 

SMOiINJOES 

SMOKIN JOE.S PREMIPRe1'111U

U

M 

M GOLO RED Kll<G 

KING 

BOX 

BOX • ___ t_ _ _ 

SMOKIN JOF.S PREMIUM RED 100 

/;MQKIN JOl:S PllEMIUM RED 100 iiox···.... - ··- - SMOKINJOES PREMIUM GOLD IOO BOX - --- . 

S~!OKIN JOF.~ PREMIUM MENTHOL 100 IJOX . _ 

S.'VIOKIN JClE.~ PREMJUM GOLD 100 . 

S\10}5!N lQF.S PREMIUM MENTHOL 100·-­ S.MOKIN /OES PREMIUM MENTHOL GOLD IOU 

SMOKl1' JOF.S PREMIUM llLUE. 100 ·~ - - ~ 

SMOK!N JOES PREMIUM C'AN REU Kll,G BOX 

SMO!<]NJOES PREMIUM CAI\· RE~ ~Ny BO~ __ 

l'OP s·ELLINGs1<i'r 

----·-==-:--=-- i - 0 ___ _ (_ ~=

------1 NIGHl"C"LtiB 

NIGHTCLL'B Rl("!i KINO BOX ------i-• _.,_o __ --1

'IIG-KTCWB S.\100T!-l KING BOX_____ 0 
United States of America 

FEDERAL TRADE COMMISSION 

Washington, D.C. 20580 

Division of 

Advertising Pracuces 

July 30, 2019 

Mr. John DiCarlo 

SmokinJoes 

4900 Indian Hill Road 

Lewiston, NY 14092 

Dear Mr. DiCarlo: 

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 l 333(c) ofthe Federal Cigarette Labeling and Advertising Act, 

15 U.S.C. §§ 1331-134 l ("the Cigarette Act"). Pursuant to that delegation, I have reviewed a 

proposed plan filed by Joseph M. Anderson d/b/a Smokin Joes ("Smokin Joes") on July J6, 

2019, calling for simultaneous display (i.e., the alternative to quarterly rotation) ofthe four 

health warnings on packaging for certain varieties ofthe Exact, Exact Elite, Lewiston, Maple 

Leaf. Market, Nightclub, Outdoor Freedom, Smokin Joes, Smokin Joes Natural, and Smokin 

Joes Premium brands ofcigarettes. 

Smokin Joes' sales appear to qualify for the aforementioned alternative to quarterly 

rotation oftbe warnings on packaging, and the warnings on the sample packs and cartons 

submitted on June 28, 2018 continue to meet the requirements ofthe Cigarette Act in force as of 

the date ofthis letter for size and conspicuousness.1 Accordingly, Smokin Joes' plan for 

simultaneous display ofthe four health warnings on packaging is hereby approved for the 

following varieties: 

• Fifteen varieties ofthe Exact brand: Canadian Red King Soft Pack, Canadian Blue King 

Soft Pack, Red King Box, Red Soft Pack (King and lO0's), Gold Box (King and l00's), 

Gold Soft Pack (King and l00's), Menthol Soft Pack (King and lO0's), Menthol lO0's 

Box, Menthol Gold Soft Pack (King and l00's), and Blue lO0's Soft Pack; 

• Twelve varieties ofthe Exact Elite brand: Non-Filter King Box, Red King Box, Red Soft 

Pack (King and l00's), Gold King Box, Gold Soft Pack (King and l00's), Menthol Soft 

Smokin Joes stated in its July 16, 2019 letter that the four health warnings will appear 

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

July 30, 2019 

Page2 

Pack (King and l00's), Menthol Gold Soft Pack (King and l00's), and Blue l00's Soft 

Pack; 

• Eighteen varieties ofthe Lewiston brand: Non-Filter King Soft Pack, Red Box (King and 

l00's). Red Soft Pack (King and l00's), Gold Box (King and l00's), Gold Soft Pack 

(King and 100's), Menthol Box (King and lO0's), Menthol Soft Pack (King and IO0's), 

Menthol Gold l00's Box, Menthol Gold Soft Pack (King and l00's), and Blue l0O's 

(Box and Soft Pack); 

• One variety ofthe Maple Leafbrand: Canadian Blue King Box; 

• Two varieties ofthe Outdoor Freedom brand: Original King Box and Smooth King Box; 

• Two varieties ofthe Nightclub brand: Rich King Box and Smooth King Box; 

• Twenty varieties ofthe Market brand: Non-Filter King Box, Red Box (King and l00's), 

Red Soft Pack (King and lO0's), Blue Box (King and lO0's), Blue l00's Soft Pack, Gold 

Box (King and lO0's), Gold Soft Pack (King and 100's), Menthol Box (King and l00's), 

Menthol Soft Pack (King and l00's), Menthol Gold Soft Pack (King and l00's), Menthol 

Gold 100's Box, and Menthol Blue I00's Box; 

• Twenty-two varieties ofthe Smokin Joes brand: Non-Filter King (Soft Pack and Box), 

Red King (Soft Pack and Box), Red 1 00's (Soft Pack and Box), Blue King (Soft Pack and 

Box), Blue 1 0O's (Soft Pack and Box), Gold King (Soft Pack and Box), Gold 100's (Soft 

Pack and Box), Menthol King (Soft Pack and Box), Menthol l00's (Soft Pack and Box), 

Menthol Gold King (Soft Pack and Box), and Menthol Gold 100's (Soft Pack and Box); 

• Twenty-one varieties ofthe Smokin Joes Natural brand: Non-Filter King Soft Pack, Red 

King (Soft Pack and Box), Red l00's (Soft Pack and Box), Purple King (Soft Pack and 

Box), Purple lOO's (Soft Pack and Box), Silver King (Soft Pack and Box), Silver l00's 

(Soft Pack and Box), White King Soft Pack, White lO0's (Soft Pack and Box), Menthol 

King Box, Menthol 100's (Soft Pack and Box), Menthol Gold King Box, and Menthol 

Gold l00's Soft Pack; and 

• Eighteen varieties ofthe Smokin Joes Premium brand: Non-Filter King Soft Pack, 

Canadian Red King Box, Canadian Blue King Box, Red King (Soft Pack and Box), Red 

100's (Soft Pack and Box), Blue Soft Pack (King and l00's), Gold King (Soft Pack and 

Box). Gold l0O's (Soft Pack and Box), Menthol l00's Box, Menthol Soft Pack (King and 

l00's), and Menthol Gold Soft Pack (King and l0O's). 
Mr. John Di Carlo 

July 30, 2019 

Page 3 

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

information demonstrating proper implementation ofthe 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 Smokin Joes' cigarette health warning statement 

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

enactment of1he Family Smoking Prevention and Tobacco Control Act ("FSPTCA"). Moreover, 

it is not in any way an approval ofany other design clement, statement, or representation made 

on packaging or in advertising for Smokin Joes' cigarettes, including, but not limited to, 

"natural." Nor does this letter purport to interpret or express any opinion about the adequacy of 

Smokin Joes' packaging and advertising under the FSPTCA 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 ofCigarettes 

and Smokeless Tobacco to Protect Children and Adolescents (published March 19, 2010). 

Because the FSPTCA 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 ofcenain characterizing flavors (other than tobacco or 

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

www.fda.gov/fobaccoProducts/default.htm, or 

Vv'W\v.fda.gov/TobaccoProducts/ResourccsforYou/Forlndustry/default.htm, and sign up for FDA 

email updates at www.fda.gov/fobaccoProducts/ResourcesforYou/ucml 76164.htm. 

This approval is effective on the date ofthis letter and runs through July 29, 2020, 

or until the authority to approve cigarette health warning statement plans moves from the 

.FTC to the FDA, whichever comes first. 

Ifyou have any questions regarcting this approval, please contact Ainc Farrell at (202) 

326-2409. 

Very truly yours, 

~&1J-&/2.2__ 

Mary K. Engle 

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 
~ ROETZEL 

1300 Pennsylvania Avenue NW 

Suite 700 

Washington, D.C. 20004 DIRECTDIAL 202.216.8317 PHONE 202.625.0600 FAX 202.338.6340 

ckoenigs@ralaw.com 

WWW.RAJ..AW.COM 

July 9, 2019 

CONFIDENTIAL CONTAINS TRADE SECRETS 

AND PROPRIETARY BUSINESS INFORMATION 

VIAFEDEX 

Mary K. Engle 

Associate Director 

Federal Trade Commission 

Division ofAdvertising Practices 

600 Pennsylvania A venue, NW 

Mail Drop CC10528 

Washington, DC 20580 

Re: Wind River Tobacco Company, LLC 

Supplement to Teton Health Warning Advertising Plan 

Dear Ms. Engle: 

This supplement to the advertising plan for the quarterly rotation of health warnings on 

the advertising for the Teton brand of cigarettes (the "Plan") is submitted to the Federal Trade 

Commission ("FTC") on behalf of Wind River Tobacco Company, LLC ("WRT"), located at 

4792 Potato House Court, Wilson, NC 27893. WRT's Senior Vice President, Manufacturing 

Operations is Bennett Lee Welchons. 

WRT's most recent Plan for the quarterly rotation of health warnings on certain 

advertising ofthe Teton brands of cigarettes was approved on October 26, 2018. WRT wishes to 

include internet advertising for the Teton brand ofcigarettes as part ofthe Plan. 

Pursuant to the Federal Cigarette Labeling and Advertising Act (the "Act"), 

manufacturers of cigarettes are required to submit a label statement rotation plan to the FTC for 

approval. 15 U.S.C. §1333(c). Section 1333(a) sets forth the wording of the warning labels 

required for all packaging and advertising of cigarettes sold, distributed, or advertised in the 

United States. Section 1333(b )(2) sets forth the requirements for warnings in advertisements, 

except for outdoor billboards, which are covered in Section 1333(b)(3). 

WRT intends to begin advertising the Teton brand of cigarettes on the internet. 

Beginning on the date this supplement to the Plan is approved, the following label statements 

1 
required by 15 U.S.C. §1333(a)(2), shall be rotated in internet advertisements for the Teton brand 

ofcigarettes manufactured by WRT: 

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. 

The warnings will be displayed in an unavoidable manner on every webpage that 

advertises cigarettes where they may be viewed without scrolling and shall not be accessed 

through hyperlinks, pop-ups, interstitials or other means. WRT will comply with the format 

requirements of the Act by utilizing the warning formats submitted with the 1985 plans of the 

five (5) leading U.S. cigarette manufacturers and the size ofthe warnings will be proportionate to 

those warning formats. The warning statements on WRT's internet advertising for the Teton 

brand of cigarettes shall be rotated according to the dates approved by the FTC in its letter to 

WRT dated October 26, 2018. Screen shots of each warning as they will appear on the internet 

advertising ofWRT are attached hereto as Exhibit A. 

Nothing herein shall be construed to require the manufacture, packaging, distribution, 

importation or advertising ofany cigarettes during any period oftime. 

If you have any further questions regarding this supplement to the Plan, please do not 

hesitate to contact me by email at ckoenigs@ralaw.com or by telephone at (202) 216-8317. As 

always, your prompt attention and assistance in this matter are greatly appreciated. 

Sincerely, 

ROETZEL & ANDRESS, LPA 

c· 0-. K~ 

Crai-:X. Koenigs 

Enclosures 

2 

13965558 _1 
United States ofAmerica 

FEDERAL TRADE COMMISSION 

Washington, D.C. 20580 

Division of 

Advertising Practices 

July 31, 2019 

Craig A. Koenigs, Esq. 

Roetzel & Andress, LP A 

1300 Pennsylvania Avenue NW, Suite 700 

Washington, D.C. 20004 

Dear Mr. Koenigs: 

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) ofthe 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 submitted on behalfofWind River Tobacco Company, LLC ("WRTC") 

on July 9, 2019, calling for quarterly rotation ofthe four health warnings in internet advertising 

for the Teton brand ofcigarettes. 

WRTC's plan for rotation and display ofthe four health warnings in the aforementioned 

advertising for the Teton brand of cigarettes is hereby approved. Approval ofthe plan assumes 

that the plan is implemented in good faith. With respect to the question of whether it is legal to 

advertise cigarettes on the Internet, Section 1335 ofthe Cigarette Act prohibits advertising 

cigarettes on any medium ofelectronic communication subject to the jurisdiction ofthe Federal 

Communications Commission. The enforcement ofthat provision is the responsibility ofthe 

Department ofJustice and you should contact them directly (Lawrence C. Keller at 202-598-

2781) to determine whether such advertising on the Internet is permissible. 

Please note that this letter only approves WRTC's cigarette health warning statement 

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

enactment ofthe Family Smoking Prevention and Tobacco Control Act ("FSPTCA"). Moreover, 

it is not in any way an approval ofany other design element, statement, or representation made 

on packaging or in advertising for WRTC's cigarettes. Nor does this letter purport to interpret or 

express any opinion about the adequacy ofWRTC's packaging and advertising under the 

FSPTCA 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 ofCigarettes and Smokeless Tobacco to Protect Children 

and Adolescents (published March 19, 2010). 

Because the FSPTCA 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 
Craig A. Koenigs, Esq. 

July 31, 2019 

Page 2 

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 

www.fda.gov/TobaccoProducts/ResourcesforYou/ucml 76164.htm. 

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

(202) 326-2407. 

Very truly yours, 

-1J't t,. f+ "", 2, Jht1 t.JkT& CU 

M~K.Engle 

Associate Director 
r:.1 ROETZEL ------- -----------------·------------ ---------

1300 Pennsylvania Avenue NW 

Suite 700 

Washington, D.C. 20004 

OIRECTO!AL 202.216.8317 

PHONE 202.625.0600 FAX 202.338.6340 

ckoenigs@ralaw.com 

WWW.FW..AW.COM 

July 17, 2019 

CONFIDENTIAL CONTAINS TRADE SECRETS 

AND PROPRIETARY BUSINESS INFORMATION 

VIA FEDEX 

Mary K. Engle 

Associate Director 

Federal Trade Commission 

Division ofAdvertising Practices 

600 Pennsylvania Avenue, NW 

Mail Drop CC I 0528 

Washington, DC 20580 

Re: Wind River Tobacco Company, LLC 

Supplement to American Bison Health Warning Display Plan 

Dear Ms. Engle: 

This supplement to the plan for the simultaneous display of health warnings on the packaging of 

the American Bison and Nashville brands of cigarettes (the " Plan") is submitted to the Federal Trade 

Commission ("FTC") on behalfofWind River Tobacco Company, LLC ("WRT'), located at 4792 Potato 

House Court, Wilson, NC 27893. WRT's Senior Vice President, Manufacturing Operations is Bennett 

Lee Welchons. 

WRT's most recent plan for the simultaneous display of health warnings on the packaging of the 

American Bison and Nashville brands ofcigarettes was approved on February 26, 2019. WRT wishes to 

add a packaging color variation for the American Bison Blue brand style to the Plan. 

I. Background 

Pursuant to the Federal Cigarette Labeling and Advertising Act (the "Act"), manufacturers of 

cigarettes are required to submit a label statement rotation plan to the FTC for approval. 15 U.S.C. 

§ l 333(c). Section 1333(a) sets forth the wording of the warning labels required for all packaging and 

advertising of cigarettes sold, distributed, or advertised in the United States. Section I 333(b)( I) provides 

the placement and size requirements for the warning labels on cigarette packaging. Section 1333(b)(2) 

sets forth the requirements for warnings in advertisements, except for outdoor billboards, which are 

covered in Section 1333(b)(3). 

WRT intends to manufacture one of its existing brand styles, American Bison Blue, in an 

additional package color variation. WRT intends to manufacture the American Bison Blue brand style in 

both the current blue packaging and in red packaging. The packaging for the American Bison Blue with 
--- - ---------------- -- - - ----- ------------

blue packaging previously was reviewed by your office and is part of the existing Plan. WRT now seeks 

approval for the simultaneous display of health warnings on the packaging ofthe American Bison Blue in 

red packaging. This Plan sets forth the manner in which WRT shall comply with the warning label 

requirements ofthe Act. 

II. Packaging 

A. Beginning on the date of the approval of this supplement to the Plan (the "Effective 

Date") the following label statements required by 15 U.S.C. §1333(a)(l), shall be displayed on the packs 

and cartons ofthe American Bison Blue brand style in red packaging manufactured by WRT: 

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. 

B. WRT intends to utilize the label statement rotation option provided by 15 U.S.C. 

§1333(c)(2), to display the four warnings an equal number of times on the packs and cartons of the 

American Bison Blue brand style in red packaging it manufactures. WRT will ensure equal use of the 

warning label statements by ordering equal quantities of packaging (packs and cartons) containing each of 

the four (4) warning label statements. The packaging will be delivered to WRT on pallets. Each pallet 

will contain a designated quantity of the packaging (e.g .. 10.000 units) with an equal quantity of 

packaging on each pallet containing each of the four (4) warning statements (e.g., 2500 units with 

warning A, 2500 units with warning B, 2500 units with warning C and 2500 with warning D). WRT will 

load the packaging inventory from each pallet into the packaging machines and thus, produce finished 

packages containing the four health warnings in an equal number. Accordingly, the packs and ca1tons 

will be primed and distributed using an equal number ofall four ( 4) warning labels. WRT shall maintain 

records accounting for the number ofpacks and cartons using each warning label. WRT will equalize the 

use ofthe four (4) warning labels on the packs and cartons ofthe American Bison Blue brand style in red 

packaging for the one (I) year period beginning on the Effective Date. 

WRT has provided sales figures for its cigarette brands and brand styles for calendar year 2018 

(January 1, 2018 to December 31, 2018) (WR T's fiscal year is the calendar year January 1 to December 

31) and estimated sales figures for the American Bison Blue brand style in red packaging for the one (I) 

year period beginning on the Effective Date. Please note that WRT also manufactures the Teton brand 

of cigarettes, which is subject to a separate health warning display plan approved by the FTC. 

WRT's saJes volume for calendar year 2018 (January I, 2018 - December 31, 2018) for the 

American Bison, Nashville and Teton brand styles and the and estimated sales volume for the American 

Bison Blue brand style in red packaging for the one (1) year period beginning on the Effective Date are 

set forth in Schedule A. For calendar year 2018, the sales volume for any one brand style of cigarettes 

manufactured or imported by WRT did not exceed one-fourth of one percent of all cigarettes sold in the 

United States in that year. Further, WRT does not anticipate that the sales volume for any one brand style 

2 
of cigarettes it manufactures or imports for the one (I) year period beginning on the Effective Date shall 

exceed one-fowth of one percent of all cigarettes sold in the United States in that year. WRT does not 

now and does not intend to manufacture or import any brands of cigarettes for sale in the United States 

for the one (1) year period beginning on the Effective Date, other than the American Bison, Nashville and 

Teton brand styles listed in Schedule A. 

The label statements required by 15 U.S.C. §1333(a)( I), shall be printed on the packaging prior to 

WRT's manufacturing of the American Bison Blue cigarettes in red packaging. The warning labels will 

appear on the packs and cartons of the American Bison Blue cigarettes in red packaging, exactly as they 

appeared on the packaging submitted to the FTC with WRT' s letter dated June 19, 20 I9. 

Ill. Advertising 

WRT currently has approved advertising plans in place for American Bison brand cigarettes and 

continues to be in compliance with those plans. WRT has a plan for the display of health warnings on 

certain advertisements for American Bison brand cigarettes that was approved on April 23, 2002; a plan 

for the display of health warnings on internet advertising for American Bison brand cigarettes that was 

approved on June 24, 2004; a modification of the previously approved schedule for quarterly rotation of 

the four warnings in advertising that was approved on February 27, 2018; and, a modification ofthe plans 

for the display of health warnings on non-internet advertising for American Bison and Nashville brand 

cigarettes that was approved on August 13, 2018. Any advertising of the American Bison Blue brand 

style of cigarettes in red packaging shall be conducted in accordance with the above-referenced 

advertising plans. 

IV. Miscellaneous 

A. Nothing herein shall be construed to require the manufacture, packaging, distribution or 

importation of any cigarettes during any period ohime. 

B. Please be advised that the sales volume infonnation contained in this Plan is confidential 

and contains trade secrets and proprietary business information of WRT. WRT does not authorize the 

release of this sales volume information to anyone without WRT's permission, except as specifically 

required by law. 

Ifyou have any further questions regarding the Plan, please do not hesitate to contact me by email 

at ckoen igs@ralaw.com or by telephone at (202) 2 I 6-83 17. As always, your prompt attention and 

assistance in this matter are greatly appreciated. 

Sincerely, 

ROETZEL & ANDRESS, , LPA 

3 
SCHEDULE A 

The following is a list of the American Bison, Nashville and Teton cigarette brand styles that 

WRT manufactures and the annual sales volume in cigarettes for calendar year 2018 (January I, 20 18 to 

December 31, 2018) for each brand style. WRT's fiscal year is January I to December 31. The list also 

includes the American Bison Blue brand style of cigarettes in red packing that WRT intends to 

manufacture and the estimated sales volume for the one ( 1) year period beginning on the Effective Date 

Size I Packaging 

American King/ Box 

Bison 

King/ Box 

Size/ Packaging 

Nashville Kings / Box 

100's / Box 

Size/ Packaging 

Teton Kings/ Box 

I00's I Box 

Brand Style 

Blue (Blue Packaging) 

Gold 

Yellow 

Green (Menthol) 

Dark Green (Menthol) 

Blue (Red Packaging) 

Brand Style 

Red 

Gold 

Silver 

Green (Menthol) 

Black (Menthol) 

Red 

Gold 

Silver 

Green (Menthol) 

Black (Menthol) 

Brand Style 

No. 18 Blue Kings 

No. 18 Yellow Kings 

No. 18 Green Menthol Kings 

No. 6 Red I00's 

No. 6 Gold I 00's 

No. 6 Green Menthol 1 00's 

No. 6 Black Menthol l00's 

Estimated One (1) Year Sales 

Calendar 

-

Year Sales Volume 

Calendar Year Sales Volume 

4 

14027699 _ I 
Selected packaging samples from those 

submitted with the plan. 
' 

United States ofAmerica 

FEDERAL TRADE COMMISSION 

Washington, D.C. 20580 

Division of 

Advertising Practices 

August 8, 2019 

Craig A. Koenigs, Esq. 

Roetzel & Andress, LPA 

1300 Pennsylvania Avenue NW, Suite 700 

Washington, D.C. 20004 

Dear Mr. Koenigs: 

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) ofthe Federal Cigarette Labeling and Advertising Act, 

15 U.S.C. §§ 1331-134 I ("the Cigarette Act"). Pursuant to that delegation, Wind River Tobacco 

Company, LLC's ("WRTC") plan for simultaneous display (i.e., the alternative to quarterly 

rotation) ofthe four health warnings on packaging for certain varieties ofthe American Bison 

and Nashville brands ofcigarettes was approved on February 26, 2019. In your July 17, 20 I 9 

letter, you now propose to expand WRTC's plan to include one additional variety ofthe 

American Bison brand. 

WRTC's sales appear to qualify for the aforementioned alternative to quarterly rotation 

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

your June 19, 2019 letter appear to meet the requirements of the Cigarette Act in force as of the 

date ofthis letter for size and conspicuousness.' Accordingly, WRTC's plan for simultaneous 

display ofthe four health warnings on packaging for the American Bison Blue (red packaging) 

king size hard pack variety is hereby approved. 

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

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

any person who violates its provisions is guilty ofa misdemeanor. 

Please note that this letter only approves WRTC's cigarette health warning statement 

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

enactment ofthe Family Smoking Prevention and Tobacco Control Act ("FSPTCA"). Moreover, 

it is not in any way an approval ofany other design element, statement, or representation made 

WRTC stated in its July 17, 2019 letter that the four health warnings will appear exactly 

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

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. § I 001. 

2 
Craig A. Koenigs, Esq. 

August 8, 2019 

Page2 

on packaging or in advertising for WRTC's cigarettes. Nor does this letter purport to interpret or 

express any opinion about the adequacy ofWRTC's packaging and advertising under the 

FSPTCA 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). 

Because the FSPTCA 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 ofcertain 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 

www.fda.gov/TobaccoProducts/ResourcesforYou/ucm 176164.htm. 

This approval is effective on the date of this letter and runs through August 7, 2020, 

or until the authority to approve cigarette health warning statement plans moves from the 

FTC to the FDA, whichever comes first. 

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

(202) 326-2407. 

Very truly yours, 

Dig itally signed MARY by MARY ENGLE 

Date: 2019.08.08 ENGLE 14:55:42 -04'00' 

Mary K. Engle 

Associate Director 
.;\J , .,1,: 1 1. 11·1~,;1:1. 10,-, ~CH T I I Ht:IJn, 1-; STl : l ' l•:T 

111:,1.:y c ·. 1:01,:., 11• 1:. 111. I '.<·. 1". t >. Ho~ X 

.\ ~· 111.:1•:w (i. B1:ow,-..: . lo .,1,:...,, , 11.1 .1 , .'-. l . :,;!K (l I;.! 

August 7, 2019 

Via Email 

Mr. William Ducklow 

h :dcral Trade Commission 

600 Pennsylvania Ave., NW 

Mail Drop CC-10528 

Washington, DC 20580 

Re: Request for Approval of a Revision to Warning Statement Rotation Plan for carton packaging relating to 

substitution of cellophane cartons in lieu of card hoard cartons for ASH FORD ciga1·cttcs (ASH FORD FULL 

FLA YOUR and ASHFORD GREEN) - King Size hard pack 

Oear Mr. Ducklow: 

I am writing this letter on behalfof El Morro Ship Chandlers (--EJ Morro''). the importer for the above indicated product. El 

Morro's address has not changed. The current company ot1iccr responsible for overseeing this matter is Louis Snelders, it's 

President, and his phone number is 787-749-9760. 

In accordance with letters dated December 7, 20 IO and October 16, 2018, a Warning Statement Rotation Plan for the 

AS! irORD brand ofcigarettes (King-Size hard pack) was approved by the Federal Trade Commission (the '"Packaging Plan''). 

The manufacturer has revised its cartons such that the packs oftwenty (20) will now be cellophane wrapped. This is in 

connection with the European Union requirement that the manufacturer utilize a Track and Trace code or so-called Unique 

Identifier. Exposing the bottom of the packs is important for compliance with this requirement, hence the use ofcellophane 

wrapping. 

Enclosed with our letter ofJuly 15, 2019 were samples of the actual product packaging presenting each ofthe warnings for each 

ofthe two styles: ASHFORD FULL FLAVOUR and ASHFORD GREEN. The warnings on the cartons ofthe ASHFORD 

fUI.L fLAVOUR King Size hard pack and AS!ffORD GREEN King Size hard pack will appear exactly as shown on the 

samples provided with my July 15, 2019 letter. El Mo1To will keep records demonstrating compliance with this Packaging Plan. 

Please grant El Morro approval of a revision to the Packaging Plan substituting the cartons consisting of ccllphane wrapping in 

lieu orcardboard. 

El Morro advises us that they estimate a few master cases ofthe previous product packaging remain in inventory, and they 

kindly request you to allow a ··sell through" orthe product for up to 3 months until extinguished. 

El MoITo will continue to follow the approved rotation schedule for display ofthe warnings in packaging contained in its 

December 7, 20 IO letter. The warnings on the.packs will continue to appear as previously approved by the r-rc. 

It is hoped that you can grant this approval as soon as possible. If you could fax or email us the approval, it would be most 

appreciated. Thank you for your courtesy and cooperation. 

1 ICRiii/mhr 
Selected packaging samples from those 

submitted with the plan. 
EST.1770. 

FINEST INTERNATIONAL GREEN 

QUALITY 

SURGEON GENERAL'S WARNING: 

Cigarette Smoke Contains Carbon 

Monoxide. 
® 

FINEST INTERNATIONAL FULL FLAVOUR 

QUALITY 

SURGEON GENERAL'S WARNING: 

Smoking Causes Lung Cancer, Heart 

Disease, Emphysema, And May *;1 ~-) Complicate Pregnancy. 
, ~ 

. i 

~ 

United States ofAmerica 

~ FEDERAL TRADE COMMISSION 

~1 Washington, D.C. 20580 

Division of 

Advertising Practices 

August 8, 2019 

Henry C. Roemer, III 

Finger, Roemer, Brown & Mariani, L.L.P. 

102 West Third Street, Suite 200 B, Lobby Level 

Winston-Salem, NC 27101 

Dear Mr. Roemer: 

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) ofthe Federal Cigarette Labeling and Advertising Act, 

15 U.S.C. §§ 1331-1341 ("the Cigarette Act"). Pursuant to that delegation, El Morro Ship 

Chandlers's ("El Morro") December 7, 2010 plan for quarterly rotation ofthe four health 

warnings on packaging for certain varieties ofthe Ashford brand ofcigarettes, and subsequent 

October 15, 2018 request to change the name and modify the packaging for one variety of the 

Ashford brand were approved. 

By letter dated August 7, 2019, you now propose to modify the cartons for two varieties 

ofthe Ashford brand. 

It appears that the health warnings on the sample cartons for the Ashford Full Flavor king 

size hard pack and Ashford Green king size hard pack varieties submitted with your letter ofJuly 

15, 2019 continue to meet the requirements ofthe Cigarette Act in force as ofthe date ofthis 

letter for size and conspicuousness. 1 

Please note that this letter only approves El Morro's submitted packaging modifications 

with respect to the statutory requirements in force prior to the June 22, 2009 enactment ofthe 

Family Smoking Prevention and Tobacco Control Act ("FSPTCA"). Moreover, it is not in any 

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

in advertising for El Morro's cigarettes. Nor does this letter purport to interpret or express any 

opinion about the adequacy of El Morro's packaging and advertising under the FSPTCA or any 

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

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

Distribution ofCigarettes and Smokeless Tobacco to Protect Children and Adolescents 

(published March 19, 2010). 

El Morro stated in its August 7, 2019 letter that it intends to run out its existing inventory 

ofpreviously approved cartons for the Ashford Full Flavor king size hard pack and Ashford 

Green king size hard pack varieties. 
Mr. Henry C. Roemer, IJl 

August 8, 2019 

Page 2 

Because the FSPTCA 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 ofcertain 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 

www.fda.gov/TobaccoProducts/ResourcesforYou/ucm 176164.htm. 

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

(202) 326-2407. 

Very truly yours, 

MARY Digitallysigned 

by MARY ENGLE 

Date: 2019.08.08 ENGLE 14:53:30 ·04'00' 

Mary K. Engle 

Associate Director 
NAT SHERMAN 

an Altria Company 

August 13, 2019 

Ms. Mary K. Engle 

Associate Director 

U.S. Federal Trade Commission 

Bureau of Consumer Protection 

Division ofAdvertising Practices 

600 Pennsylvania Avenue, NW, CC-10528 

Washington, DC 20580 

Re: Sherman's 1400 Broadway N.Y.C., LLC ("Sherman's 1400")-Packaging Rotation Plan 

Dear Ms. Engle: 

Sherman's 1400's health warning display plan for packaging was most recently approved by letters dated 

September 14, 2018 and June 12, 2019. 

With this letter, we seek approval for our plan to continue to simultaneously display the four health warnings on 

previously approved packaging for our current brand styles in order to comply with the Federal Cigarette Labeling 

and Advertising Act ("FCLAA"}. Regarding packaging materials for our current brand styles, each version of the 

four warnings is equally produced then equally used in the production process {25% A, 25% B, etc.) to ensure 

that we achieve simultaneous display of the four warnings on all our brand styles. Through the date of this 

application, the Surgeon General health warnings for the previously approved packaging of our brand styles have 

been equalized in accordance with our plan. 

Current brand and brand styles 

The actual hard pack and carton packaging, with each ofthe four health warnings, for the following brands and 

styles remains the same in all material respects and are in compliance with Section 911 ofThe Family Smoking 

Prevention and Tobacco Control Act of 2009. The warnings will appear exactly as shown on the samples 

provided on August 24, 2015, January 9, 2017, February 4, 2017, July 25, 2017 and August 21, 2017 as well as 

the packaging submitted for Nat's Dark Smooth on April 4, 2019 and May 2, 2019. 

Black & Gold (black paper/gold filter/queen) 

Cigarettellos {brown paper/non filter/queen} 

Classic (white paper/cork filter/king} 

Classic Blue (white paper/cork filter/king) 

Classic Menthol {white paper/cork filter/king} 

Havana Ovals (brown paper/non filter/queen) 

Hint Menthol (brown paper/brown filter/queen) 

MCD (brown paper/brown filter/queen) 

MCD Gold (brown paper/brown filter/queen} 

MCD Menthol (brown paper/brown filter/queen) 

MCD Silver (brown paper/brown filter/queen) 

TOWNHOUSE CORPORATE MANUFACTURING 

1 2 East 42nd Street, New York, NY 1001 7 10Sterling Boulevard, Englewood, NJ 07631 761 S Boeing Drive, G,,.ensboro, NC 27409 

tel. 212-764-5000 fax 212-7b4-5134 tel. 201-735-9000 fox 201-735-9099 tel. 336-bbS-b0b0 fax 33b-b05-1795 

WWW.NAfSHERHA1'4,COM • HHO@t-lATSHEltMAN.COM 
---------- ----·- -- - - ------- -----------------------

Sherman's Page 2 1400 

Current brand and brand styles (cont.) 

Nat's King (white paper/cork filter/king) (Rich Taste) 

Nat's Blue King (white paper/white filter/king) (Mellow Taste) 

Nat's Dark Smooth (white paper/cork filter/king) 

Nat's Menthol King (white paper/cork filter/king) 

Nat's Yellow King (white paper/white filter/king) (Rich Smooth Taste) 

New York Cut Blue (white paper/white filter/king) 

New York Cut Menthol (white paper/white filter/king) 

New York Cut Original (white paper/cork filter/king) 

Originals (brown paper/cork filter/queen) 

Originals Blue (white paper/white filter/queen) 

Originals Menthol (white paper/white filter/queen) 

Originals Yellow (brown paper/brown filter/queen) 

Select King (white paper/cork filter/king) 

Select Blue King (white paper/white filter/king) 

Select Menthol King (white paper/cork filter/king) 

Select Yellow King (white paper/white filter/king) 

Note: Sherman's 1400 is not seeking approval for the Fantasia brand style (multi-color paper/gold filter/queen) 

as we are not manufacturing that cigarette style at this time. 

Sherman's 1400 total domestic shipments for the twelve-month period ending December 31, 2018 were 

-sticks. We estimate ourtotal sales for all cigarette brands and brand styles to be-sticks 

for 2019. In compliance with FCLAA, Section 1333(c)(2), kindly be advised that Sherman's 1400 manufactured 

and sold in each of its brands less than one-fourth of one (1%) percent ofall cigarettes sold in the United States 

in its prior fiscal year ending December 31, 2018. Thus, Sherman's 1400 will take advantage of the alternative 

to quarterly rotation of the health warnings for each of the foregoing brand styles pursuant to Section 

1333(c)(2). 

Sherman's 1400 will display the four health warnings an equal number of times on the hard packs and cartons 

of each of the current brand styles for the twelve-month period beginning on the date of the approval of this 

plan; or until such time as the authority to approve cigarette health warning statement plans moves from the 

FTC to the FDA. Sherman's 1400 will maintain records that show compliance with this packaging plan. 

Sherman's 1400 will maintain compliance with our most recent FTC approved plan for display of the health 

warnings in advertising. 

If you require additional information, please do not hesitate to contact me at 201-735-9008. 

~ )-- Brendon Scott 

Vice President, Chief Financial Officer 

/smw 

P:\Compliance\FTC & HHS\FTC 2019\Sherman's 1400 - FTC Renewal 7-16-2019 (8-13-19) #2.docx 
Division of 

Advertising Practices 

United States of America 

FEDERAL TRADE COMMISSION 

Washington, D.C. 20580 

August 23, 2019 

Mr. Brendon Scott 

Sherman's 1400 Broadway N.Y.C., LLC 

10 Sterling Boulevard 

Englewood, NJ 07631 

Dear Mr. Scott: 

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) ofthe 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 Sherman's 1400 Broadway N.Y.C., LLC ("Sherman's 1400") on 

August 13, 2019, calling for simultaneous display (i.e., the alternative to quarterly rotation) of 

the four health warnings on packaging for certain varieties ofthe Black & Gold, Cigarettellos, 

Classic, Havana Ovals, Hint, MCD, Nat's, New York Cut, Originals, and Select brands of 

cigarettes. 

Sherman's 1400's sales appear to qualify for the aforementioned alternative to quarterly 

rotation ofthe warnings on packaging, and the warnings on the sample packs and cartons 

submitted on August 24, 2015, January 9, 2017, February 4, 2017, July 25, 2017, August 21, 

2017, April 4, 2019, and May 2, 2019 continue to appear to meet the requirements ofthe 

Cigarette Act in force as of the date ofthis letter for size and conspicuousness. 1 

Accordingly, Sherman's 1400's plan for simultaneous display ofthe four health warnings on 

packaging for the following box varieties is hereby approved: 

• the queen size variety ofthe Black & Gold brand; 

• the Non-Filter queen size variety ofthe Cigarettellos brand; 

• three "International style" king size varieties ofthe Classic brand (Regular, Blue, and 

Menthol); 

• the Non-Filter queen size variety ofthe Havana Ovals brand; 

Sherman's 1400 stated in its August 13, 2019 letter that the four health warnings will 

appear exactly as shown on the packs and cartons submitted on these dates. 
Mr. Brendon Scott 

August 23, 2019 

Page2 

• the Menthol queen size variety ofthe Hint brand; 

• four queen size varieties ofthe MCD brand (Regular, Gold, Menthol, and Silver); 

• five king size varieties ofthe Nat's brand (King (Rich Taste), Blue (Mellow Taste), 

Menthol, Yellow (Rich Smooth Taste), and Dark Smooth (Dark Smooth Taste)); 

• three king size varieties ofthe New York Cut brand (Blue, Menthol, and Original); 

• four queen size varieties ofthe Originals brand (Originals, Blue, Menthol, and Yellow); 

and; 

• four king size varieties ofthe Select brand (Select, Blue, Menthol, and Yellow). 

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

information demonstrating proper implementation ofthe 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 Sherman's 1400's cigarette health warning 

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

2009 enactment ofthe Family Smoking Prevention and Tobacco Control Act ("FSPTCA"). 

Moreover, it is not in any way an approval ofany other design element, statement, or 

representation made in advertising or on packaging for Sherman's 1400's cigarettes. Nor does 

this letter purport to interpret or express any opinion about the adequacy ofSherman's 1400's 

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

promulgated by the Department ofHealth 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). 

Because the FSPTCA 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.govITobaccoProducts/ default.htm, or 

www.fda.gov/TobaccoProducts/ResourcesforYou/Forindustry/default.htm, and sign up for FDA 

email updates at www.fda.gov/TobaccoProducts/ResourcesforY ou/ucm 176164.htm. 

This approval is effective on the date ofthis letter and runs through August 22, 

2020, or until the authority to approve cigarette health warning statement plans moves 

from the FTC to the FDA, whichever comes first. 

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 
Mr. Brendon Scott 

August 23, 2019 

Page 3 

If you have any questions regarding this approval, please contact Aine Farrell at (202) 

326-2409. 

Very truly yours, 

Digitally signed by MARY MARY ENGLE 

Date: 2019.08.23 ENGLE 14:28:28 -04'00' 

Mary K. Engle 

Associate Director 
Altria 

Altria Cl ient Services 

Darren C. Broughton 

Vice President and Associate General Counsel 

September 10, 2019 

Via Overnight Delivery 

Ms. Mary K. Engle 

Associate Director 

U.S. Federal Trade Commission 

Bureau ofConsumer Protection 

Division of Adve1iising Practices 

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

Washington, D.C. 20580 

RE: Philip Morris USA Inc. Warning Rotation Plan for HeatSticks Products 

Dear Ms. Engle: 

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 a warning rotation plan for the 

packaging of newly authorized products ("HeatSticks"), which FCLAA defines as cigarettes. 

On April 30, 2019, the U.S. Food and Drug Administration ("FDA") authorized the marketing of 

HeatSticks following its review of the products' Premarket Tobacco Product Applications under section 

910(b) of the Food, Drug, and Cosmetic Act. FDA's marketing order states that each package and 

advertisement for HeatSticks must bear the rotating Surgeon General warnings required under FCLAA, 

except the order requires the removal of the Surgeon General's carbon monoxide warning. FDA's 

summary explains that "the [carbon monoxide] warning is misleading with respect to these products 

which, although categorized as cigarettes, do not produce carbon monoxide above environmental levels 

and do not increase CO-related health risks. " 1 In the marketing order, FDA instructed PM USA to 

submit a warning plan to FTC that includes this change. 

Consistent with FCLAA's requirements and FDA's marketing order, PM USA plans to rotate the 

required warning statements quarterly on each of the HeatSticks packages in accordance with the 

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

1 See FDA, PMTA Technical Project Lead Review (Apr. 30, 2019), at 12, 89-90. 

Altria Client Services 

6603 West Broad Street, Richmond, VA 23230 

804-484-8704 direct - 919-697-4664 fax 
September I0, 2019 

Page 2 of3 

HeatSticks 

Brand Styles 

Q3 

2019 

(JulySept) 

Q4 

2019 

(OctDec) 

Ql 

2020 

(JanMar) 

Q2 

2020 

(AprJun) 

Q3 

2020 

(JulySept) 

Q4 

2020 

(OctDec) 

MARLBORO 

Non-menthol 

(Silver Pkg) 

Smooth Menthol 

C A B C A B 

Statement rotation sequences will continue in the pattern established for subsequent years. 

Marlboro brand HeatSticks are available in one size, 45 millimeters, and in hard packs only. The 

products will be sold in packs only. Cartons will not be "offered for sale, sold, or otherwise distributed 

to consumers." FCLAA, §1332(4). 

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. 

SURGEON GENERAL'S WARNING: Smoking By Pregnant Women May 

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

C 

PM USA will maintain records that show compliance with this warning rotation plan. For each product 

referenced above, we provided sample packaging displaying each of the warning statements as 

enclosures to our letter dated June 11, 2019. The warning statements will appear exactly as shown on 

the samples provided on that date. 

For all advertising for HeatSticks, including advertising for the IQOS system, 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 and, consistent with the rotation plan for product 

packaging as required by the FDA, will exclude the carbon monoxide warning. At this time, we 

anticipate that our largest advertisement will not exceed 14 square feet. 

The products will be advertised using direct mail, point-of-sale materials, and magazines. For all nonperiodical advertising (excluding digital adve1tising), 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 

ofthe publication. 

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. 
September 10, 20 I 9 

Page 3 of3 

The products will be adve1tised on websites owned by PM USA, including getiqos.com and 

marlboro.com, and by e-mail. PM USA agrees to use the warning statement fonnats that were 

submitted to the Federal Trade Commission with the I 985 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 ofthe calendar quarter according to the rotation 

schedule above and, consistent with the rotation plan for product packaging as required by the FDA, 

will exclude the carbon monoxide warning. If PM USA adve,tises on third-party websites, the warnings 

will be rotated on the same schedule and will use the same warning statement fonnat 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) 484-8704. 

Sincerely, 

u-- r_,15Ji: 

Darren C. Broughton 

cc: Ms. Rosemary Rosso (by email only) 

Ms. Bonnie McGregor (by email only) 

Ms. Melanie C. Holloway 
Selected packaging samples from those 

submitted with the plan. 
@S >t ::J I.lS.lV 3 H 

SURGEON GENERAl'.S WARNING 

Smoking Causes Lung Cancer, Heart Disease, 

Emphysema, And May Complicate Pregnancy 

WARNING: This product 

contains nicotine. Nicotine is 

an addictive chemical. 

·1eo1wa40 aAno1ppe ue 

S! 8U!JOO!N ·aunoo,u SU!BJUOO 

1onp0Jd S!ll.l =~NINl::l'1M

·--

HW-1 
r,1u...............;a,;:=:=:::::========::i 

OJoqpew 

oJoqpe.w I 

~~ 

SURGEON GENERArS WARNING: 

Quitting Smoking Now Greatly Reduces 

Serious Risks to Your Health. 

WARNING: This product HW-2 contains nicotine. Nicotine is 

an addictive chemical. 

·1eo,wa4::> aA!t::>!PPB ue 

S! auno::>!N '8U!JO::>!U SU!BJUO::> 

1:mpoJd S!4l =~NINl:f"M 

r!~lllllllllmlllll;,1'-__--------· 
 

United States of America 

FEDERAL TRADE COMMISSION 

Washington, D.C. 20580 

Division of 

Advertising Practices 

September 13, 2019 

Mr. Darren C. Broughton 

Vice President and Associate General Counsel 

Altria Client Services 

6603 West Broad Street 

Richmond, VA 23230 

Dear Mr. Broughton: 

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 10, 

2019, calling for: (1) quarterly rotation of health warnings in advertising up to fourteen square 

feet in size for Marlboro IQOS “HeatSticks”; (2) quarterly rotation of health warnings in Internet 

advertising for Marlboro IQOS “HeatSticks”; and (3) quarterly rotation of health warnings on 

packs for two 45 mm hard-pack varieties of Marlboro IQOS “HeatSticks.”1 

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

Marlboro IQOS “HeatSticks,” including such advertising for the Marlboro IQOS system, 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 for the Non-Menthol and Smooth Menthol 45 mm 

hard-pack varieties of Marlboro IQOS “HeatSticks” submitted with your June 11, 2019 letter 

On April 30, 2019, the U.S. Food and Drug Administration (“FDA”) authorized the 

marketing of Marlboro IQOS HeatSticks as cigarettes pursuant to Section 910(b) of the Food, 

Drug, and Cosmetics Act. Among other things, FDA’s marketing order requires that the 

Cigarette Act warnings must appear on each package and advertisement, but specifically requires 

removal of the carbon monoxide warning from the required warnings to be displayed. 

Accordingly, the submitted warning plan provides for the display of the three Cigarette Act 

warning statements required under FDA’s marketing order. 

1 
 

 

Mr. Darren C. Broughton 

September 13, 2019 

Page 2 

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

and conspicuousness.2 PM USA’s plan for quarterly rotation of health warnings on packs for the 

Non-Menthol and Smooth Menthol 45 mm hard-pack varieties of Marlboro IQOS “HeatSticks” 

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.3 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 health warning display 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 (“FSPTCA”). 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 FSPTCA, 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 any requirement for Marlboro IQOS HeatSticks pursuant to 

FDA’s marketing order. 

Because the FSPTCA 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, or 

www.fda.gov/TobaccoProducts/ResourcesforYou/ForIndustry/default.htm, and sign up for FDA 

email updates at www.fda.gov/TobaccoProducts/ResourcesforYou/ucm176164.htm. 

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

(202) 326-2356. 

Very truly yours, 

Digitally signed by MARY MARY ENGLE 

Date: 2019.09.13 ENGLE 15:58:28 -04'00' 

Mary K. Engle 

Associate Director 

2 PM USA stated in its September 10, 2019 letter that the health warnings will appear 

exactly as shown on the packs submitted on June 11, 2019. This approval does not extend to 

cartons. 

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. 
Holland & Knight 

31 West 52nd Street I New York, NY 10019 I T 212.513.3200 I F 212.385.9010 

Holland & Knight LLP I www.hkaw.com 

Neal N. Beaton 

(212) 513-3470 

neal.beaton@hklaw.com 

September 18,2019 

VIA E-MAIL 

Ms. Mary K. Engle 

Associate Director 

Division of Advertising Practices 

Federal Trade Commission 

600 Pennsylvania A venue, NW 

Mail Drop CC 10528 

\\lashington, D.C. 20580 

Re: Application Pursuant to 4(c)(2) of the Federal 

Cigarette Labeling and Advertising Act, as amended 

Dear Ms. Engle: 

On behalf of Japan Tobacco International U.S.A., Inc., a California corporation with its principal 

office at Glenpointe Centre West, 500 Frank W. Burr Boulevard, Suite 24, Teaneck, New Jersey 

07666 and its affiliates (collectively "JTI"), we respectfully submit an application pursuant to 

Section 4(c)(2) of the Federal Cigarette Labeling and Advertising Act, as amended (the "Act"), 

seeking approval for JTI to display the warning labels specified in Section 4(a)(l) of the Act in 

the manner provided in Section 4(c)(2)(C) ofthe Act, on: 

(1) redesigned packages and cartons of cigarettes for the ten previously approved 

hard pack "LD by L. Ducat" brand styles as submitted under cover of our letter 

dated August 21, 2'019, namely: 

Red (Kings and l00's), Menthol (Kings and lO0's), Blue (Kings 

and lO0's), Silver (Kings and lO0's) and Menthol Green (Kings 

and l00's); and 

(2) packages and cartons of cigarettes for six additional hard pack "LD by L. 

Ducat" brand styles as submitted under cover of our letter dated August 21, 2019, 

namely: 

Anchorage IAtlanta IAustin I Boston I Charlotte I Chicago I Dallas I Denver I Fort Lauderdale I Houston I Jacksonville I Lakeland 

Los Angeles I Miami New York I Northern Virginia I Orlando I Portland ISan Francisco IStamford I Tallahassee I Tampa 

Washington, D.C_. IWest Palm Beach I Bogota I Mexico. City 
Ms. Mary K. Engle 

September·18, 2019 

Page2 

Red Club (Kings and I00's), Menthol Club (Kings and IO0's} and 

Blue Club· (Kings and 1 00's). 

The Label Statement Rotation Plan ·ofJTI submitted to the Fed~ral Trade Commission on August 

28, 1985 (the "Plan"), as subsequently amended, was approved most recently on April 5, 2019 

(for all then current brand styles of all brands). The "LD by L. Ducat" individual packages and 

cartons with the former design submitted on October 28; 2016 will no longer be manufactured 

once·approval of the redesigned packages and cartons is received. 

In support ofJTI's application for extension of FTC approval ofits simultaneous display plan for 

packages and cartons to cover those packaging varieties, JTI affirms as follows:. 

(a) the cigarettes sold by JTI in the U.S. continue to comply with the two-tiered test in 

Sectfon 4(c )(2) of the Act. The total number of cigarettes sold by JTI inthe United States during 

JTJ 's last fiscal ear ended December 31 2018 ( all of which were imp~rted) was less than . 

and the total number of cigarettes of any brand 

s 1 t es urmg such year (all of which were imported) was less than 

and therefore (i) each brand style of cigarettes which JTI 

imported (or manufactured) and sold accounted for less than one-foui1h of one percent of all 

cigarettes sold in the United States during the most recent completed year and (ii) more than onehalf (i.e. all) ofthe cigarettes for sale by JTI for sale in the United States·(all of which were 

impo1ted) are packaged into brand styles which meet the requirements of clause (i); 

(b) ·the statuto'rily mandated warnings will appear exactly as shown on the sample individual 

packages and cartons (or bundles) submitted to and approved by the Federal Trade Commission 

unless and until revised sample individual'packages and cartons are submitted to the Federal 

Trade Commission on JTI's behalf and approved by the Federal Trade Commission; and . . 

(c) JTI will equally display the four warning labels specified in Section 4(a)(l) of the Act on 

packages and cartons of cigarettes for each brand style for the one year:period beginning on the 

date of approval for the Plan and JTI will keep records demonstrating compliance with the Plan. 

We submitted under cover ofour letter dated february 19, 2016 an amended Schedule A to the 

Plan entitl_ed '~Label Stat~ment Rotational For Advertisement Purposes (Only) By Brand And 

Quarter" whichwill continue to be followed by JTI unless and until submitted and·approved 

oilienvise: JTI wiH·maintain compliance with its approved advertising plan. · · .' ' ~ · . . 

JTI will import and sell packages and cartons of each·brand style referred to in this letter in equal 

numbers of each warning label throughout the one-year period after this application is approved 

as set forth on the Attachment.I hereto: As a result, ifrequirements·for new warnings·were to 

become effective on any date, the current warnings will have been utilized in equal proportions 

prior to then. on all ·brand styles. · · 

Ifyou .should have .any further questions in connection with this application·; please call me at 

(212).513-3470·. We enclosed a ·Federal Express airway bill and envelope under cover ofour 

letter dated August 21, 2019·for your use, ifpossible, 'in transmitting an approval ·Jetter to us in 

order to ensure its timely receipt. In addition,.it would be appreciated ifsuch approval·letter 

,#?0 195215_v3 
Ms. Mary K. Engle 

September 18; 2019 

Page 3 

could be faxed to me at 212-341-7103 or sent to me as a pdf attachment to an e-mail at 

neal. beaton@hklaw.com. 

Thank you for your .continued cooperation in this matter. 

Very truly yours,., 

~,@~ 

~~eaton 

Enclosure 

#70195215 v3 
Attachment 1 

Export 'A' 

Export 'A' is printed using the gravure method. Rotation of warnings is based on percentage 

on each sheet of packaging printed. With four health warnings, equal distribution is 25% of 

the sheet per warning. 

Export A 72 Slide and Shell Pack: 

The shell of Export 'A' slide and shell format is printed using a 24-ups cylinder 

configuration. The cylinder prints one sheet per rotation; one sheet contains 24 packs. 

Warnings A, B, C and D each comprise 25% of the sheet. Each warning appears 6 times per 

sheet. 

Export 'A' 72 Slide and Shell Bundle: 

Export 'A' uses a paper-foil bundle rather than a standard carton. The bundle is printed using 

two sets of cylinders, each ·configured with 3 ups. The two cylinders print one full sheet per 

rotation; one sheet contains 6 bundles. Warnings A and Bare printed on one cylinder and 

Warnings C and Dare printed on the other. Bach warning comprises 50% of the cylinder and 

25% of the total sheet. Each warning appears 3 times per sheet. 

Wave/Wings/LD by L. Ducat 

Wave, Wings and LD by L. Ducat are printed using the offset method. Rotation of warnings 

is based cin percentage on each sheet of packaging printed. With four health warnings, equal 

disti:ibution would be25% of the sheet per warning. All packaging is preprinted and supplied 

to the factory where it is made into final consumer packaging. 

Wave/Wings/LD by L. Ducat Round Corner KS/100s Box: 

The round corner box utilizes two printing plates, each configured with 22 facings. The two 

plates are rotated.so that they are used equally and collectively have 44 ups in a rotation. 

Each warning is printed at 11 times per set of two sheets in a rotation, comprising 25% of the 

sheets. · 

Wave/Wings Soft Pack KS/lOOs: 

Soft pack styles are printed using a plate with 16 total facings. Each sheet contains 16 ups 

and is printed in one rotation. Warnings A, B, C and D each comprise 25% of the sheet. Each 

warning is printed 4 times. 

#70195215 v3 
Wave/Wings/LD by L. Ducat Cartons KS/100s: 

All round corner box and soft pack styles share the same carton printing configuration. 

These cartons are printed using plates with 4 facings. Each sheet is printed with 4 ups per 

rotation. Warnings A, B, C and D each comprise 25% of the sheet, appearing once. 

#70195215_v3 
Selected packaging samples from those 

submitted with the plan. 
FIND our MORE AT 

11 IS. 
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SURGEON GENERAl:S WARNING: 

Cigarette Smoke 

Contains Carbon Monoxide. 

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United States of America 

FEDERAL TRADE COMMISSION 

Washington, D.C. 20580 

Division of 

 Advertising Practices 

September 18, 2019 

Neal N. Beaton, Esq. 

Holland & Knight, LLP 

31 West 52nd Street 

New York, NY 10019 

Dear Mr. Beaton: 

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 Japan Tobacco International U.S.A., Inc. and its 

affiliates (collectively “JTI”) dated September 18, 2019, calling for simultaneous display (i.e., 

the alternative to quarterly rotation) of the four health warnings on packaging for certain varieties 

of the “LD by L. Ducat” brand of cigarettes. 

JTI’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 

21, 2019 appear to meet the requirements of the Cigarette Act in force as of the date of this letter 

for size and conspicuousness. 1 Accordingly, JTI’s plan for simultaneous display of the four 

health warnings on packaging is hereby approved for the following sixteen hard pack varieties of 

the “LD by L. Ducat” brand: Red (Kings and 100’s), Blue (Kings and 100’s), Silver (Kings and 

100’s), Menthol (Kings and 100’s), Menthol Green (Kings and 100’s), Red Club (Kings and 

100’s), Blue Club (Kings and 100’s), and Menthol Club (Kings and 100’s). 

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. 

Please note that this letter only approves JTI’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 (“FSPTCA”). Moreover, it is not in 

1 JTI stated in its September 18, 2019 letter that the four health warnings will appear 

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

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. 
 

 

y 

Neal N. Beaton, Esq. 

September 18, 2019 

Page 2 

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

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

express any opinion about the adequacy of JTI’s packaging and advertising under the FSPTCA 

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). 

Because the FSPTCA 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 

www.fda.gov/TobaccoProducts/ResourcesforYou/ucm176164.htm. 

Please note that Section 802 of the Tariff Suspension and Trade Act of 2000 prohibits the 

importation of cigarettes unless at the time of entry the importer presents a sworn statement 

signed by the original cigarette manufacturer stating that the manufacturer has submitted and will 

continue to submit the list of ingredients to FDA. 

This approval is effective on the date of this letter and runs through September 17, 

2020, or until the authority to approve cigarette health warning statement plans moves 

from the FTC to the FDA, whichever comes first. 

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

(202) 326-2407. 

 Very truly yours, 

Digitally signed by MARY 

ENGLE

Date: 2019.09.18 14:39:34 MARY ENGLE 

-04'00'

Engle K. Mary 

Director Associate 
PAIGE S. FITZGERALD 

804.697.1404 telephone tra,Jtma~1 

804.698.5114 facsimile 

paige.fitzgerald@troutman.com sanders 

September 9, 2019 

By Federal Express 

and Electronic Mail 

Ms. Mary K. Engle 

Associate Director 

Division of Advertising Practices 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, D.C. 20580 

Cigarette Health Warning Plan 

Firebird Manufacturing, LLC and PALMETTO brand extension 

Dear Ms. Engle: 

On behalf of Firebird Manufacturing, LLC ("Firebird"), we hereby submit a request to 

approve Firebird's Surgeon General's Equalization Plan as required under the Federal Cigarette 

Labeling and Advertising Act of 1984 (15 U.S.C. § 1331 (1998), et seq.), as amended 

("FCLAA"), for display of the warning on the packaging for the fifteen (15) brand styles of the 

PALMETTO brand that have been previously approved, and three (3) additional styles of 

PALMETTO brand hard pack varieties. Firebird previously submitted its 2018 Plan Renewal on 

October 29, 2018, for its fifteen (15) previously-approved styles of the Palmetto brand. The FTC 

approved that plan on October 30, 2018. 

Through the date of this application, the Surgeon General's warnings on the packages 

for the previously-approved brand styles of the PALMETTO brand have been equalized in 

accordance with the Plan. 

Firebird is manufacturer of the Palmetto brand. Scott D. Batson is COO. The location of 

the factory is at 1057 Bill Tuck Highway, South Boston, VA 24592. Firebird has not, to date, 

imported any cigarettes. 

A plan has been approved for the following fifteen (15) varieties of the Palmetto brand: 

Red Kings Soft Pack, Red 100's (Soft Pack and Box), Gold Kings Soft Pack, Gold 100's (Soft 

Pack and Box), Blue Kings Soft Pack, Blue 1 00's (Soft Pack and Box), Menthol Green Kings 

Soft Pack, Menthol Green 100's (Soft Pack and Box), Menthol Gold Kings Soft Pack, and 

Menthol Gold 100's (Soft Pack and Box). 

Firebird submits a plan for the following three (3) additional styles: 

Palmetto Red Kings Box, Palmetto Menthol Green Kings Box, and Palmetto Gold 

Kings Box 
-

Ms. Mary K. Engle 

Associate Director t'""OL•tmar1 

Septembe

Federal Trade 

r 9, 2019 

Commission sanders

Page2 

Sales of Firebird's cigarettes for fiscal year 20181 were approximately sticks, 

which should qualify the company for the Section 1333(c)(2) exemption. 2 

Sample packs and cartons displaying the health warnings for the three new brand styles 

listed above were provided as enclosures to our July 19, 2019 letter. The warnings will appear 

exactly as shown on the sample packs and cartons submitted with letters dated May 27, 2016, 

June 26, 2018, and July 19, 2019. 

Firebird will equalize the four health warnings on the packs and cartons for each brand 

style listed above for the one year period beginning on the date of the approval of this Plan. 

Beginning on the date of approval of this Plan, Firebird will ensure that the printer will print all 

four warnings in equal numbers on each printed sheet of packaging for all cartons and packs, so 

when sheets are cut, the display of warnings will be approximately equalized on packs and 

cartons for each brand style. Based on the above, Firebird requests approval to use the 

equalization option provided in Section 1333(c)(2) of the FCLAA. Firebird will keep records 

demonstrating compliance with this Plan. 

Firebird does not advertise at this time. Should Firebird desire to advertise its products, it 

will submit an advertising Plan to FTC in advance. 

We submit that the foregoing complies with the requirements set forth in the FCLAA, and 

request expedited approval of this request. Should this request conform to your requirements, 

we request that the letter evidencing approval be emailed to me at 

paige.fitzgerald@troutman.com. Should you require any additional information with respect to 

the foregoing please contact me at (804) 697-1404, or on my cell phone (804) 938-2570. 

'iP?V - Pa,ge S. Fitzgerald 

1 Note that Firebird Manufacturing LLC uses a calendar year as its fiscal year. 2 Firebird also manufactures the Cherokee brand of cigarettes for Cherokee Tobacco Company. 

Cherokee Tobacco Company submits the warning plan for the Cherokee brand. 
Selected packaging samples from those 

submitted with the plan. 
~ 

SURGEON GENERAL'S WARNING: Smoking By 

Pregnant Women May Result in Fetal Injury, 

Premature Birth, And low Birth Weight. 

+ 

+□□□□□□ il + 1 11 +

'850921 03003 
111111111111 

1 111185.09z"I cf3(j{:f4lm 0 
United States ofAmerica 

FEDERAL TRADE COMMISSION 

Washington, D.C. 20580 

Division of 

Advertising Practices 

September 19, 2019 

Paige S. Fitzgerald, Esq. 

Troutman Sanders LLP 

I 001 Haxall Point 

P.O. Box 1122 

Richmond, VA 23219 

Dear Ms. Fitzgerald: 

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) ofthe Federal Cigarette Labeling and Advertising Act, 

15 U.S.C. §§ 1331-134 I ("the Cigarette Act"). Pursuant to that delegation, I have reviewed a 

revised proposed plan filed on behalf of Firebird Manufacturing, LLC ("Firebird") on September 

9, 2019, calling for simultaneous display (i.e., the alternative to quarterly rotation) ofthe four 

health warnings on packaging for certain varieties ofthe Palmetto brand ofcigarettes. 

Firebird's sales appear to qualify for the aforementioned alternative to quarterly rotation 

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

your letters of May 27, 2016, June 26, 2018, and July 19, 2019 appear to meet the requirements 

ofthe Cigarette Act in force as ofthe date of this letter for size and conspicuousness. 1 

Accordingly, Firebird's plan for simultaneous display ofthe four health warnings on packaging 

is hereby approved for the following eighteen varieties ofthe Palmetto brand: Red Kings (Soft 

Pack and Box), Red l00's (Soft Pack and Box), Gold Kings (Soft Pack and Box), Gold l00's 

(Soft Pack and Box), Blue Kings Soft Pack, Blue l00's (Soft Pack and Box), Menthol Green 

Kings (Soft Pack and Box), Menthol Green I00's (Soft Pack and Box), Menthol Gold Kings Soft 

Pack, and Menthol Gold 1 00's (Soft Pack and Box). 

Approval ofthis 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. 

Firebird stated in its letter ofSeptember 9, 2019 that the four health warnings will appear 

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

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 
Paige S. Fitzgerald, Esq. 

September 19, 2019 

Page 2 

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

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

statements in advertisements. 

Please note that this letter only approves Firebird's cigarette health warning statement 

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

enactment ofthe Family Smoking Prevention and Tobacco Control Act ("FSPTCA"). Moreover, 

it is not in any way an approval ofany other design element, statement, or representation made 

on packaging for Firebird's cigarettes. Nor does this letter purport to interpret or express any 

opinion about the adequacy ofFirebird's packaging under the FSPTCA 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). 

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

cigarettes, you should ensure that you are in compliance with t}:iose 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 

www.fda.gov/TobaccoProducts/ResourcesforYou/ucm 176164.htm. 

This approval is effective on the date of this letter and runs through September 18, 

2020, or until the authority to approve cigarette health warning statement plans moves 

from the FTC to the FDA, whichever comes first. 

Ifyou have any questions regarding this approval, please contact Aine Farrell at (202) 

326-2409. 

Very truly yours, 

Digitally signed by MARY MARY ENGLE 

Date: 2019.09.19 ENGLE 14:59:32 -04'00' 

Mary K. Engle 

Associate Director 
~ ,•-,;,

Farmers Tobacco Co. ofCynthiana, Inc. 

636 US Hwy 27 N, PO Box 98 

Cynthiana, KY 41031 

September 23, 2019 

Ms. Mary K. Engle 

Associate Director 

Division ofAdvertising Practices 

Federal Trade Commission 

600 Pennsylvania Ave, NW 

Washington, DC 20580 

RE: Cigarette Health Warning Plan 

Dear Madam: 

Farmers Tobacco Co. ofCynthiana, Inc. is a cigarette manufacturer (TP-KY-45) 

located in Cynthiana, Kentucky. We are submitting this plan to you explaining how we 

will comply with the health waining display requirements. 

Farmers Tobacco Co. ofCynthiana, Inc. owns and manufactures only the brands 

"Kentucky's Best", "VB Made in the USA", and "Baron American Blend". This is a 

consolidated plan for all three brands. Please see the attachment to this letter for the 

brands listings. We do not import any cigarettes. 

I. Packaging 

According to Section 1333(c)(2), we would like permission to display the four 

warnings an equal number oftimes during the year (rather than rotating the warnings 

quarterly) since our company's annual sales for all brands (Kentucky's Best, VB Made in 

the USA, and Baron American Blend) are less than one-fourth ofone percent ofall the 

cigarettes sold in the United States. We will equalize the four warnings on the packs and 

caitons ofeach brand style that we manufacture for the one-year period beginning on the 

date ofapproval ofthis plan and all warnings have been equalized to date. Equalization 

is achieved by the packaging vendor who will print all four warnings in equal numbers on 

each printed sheet ofpackaging for all cartons and packs so that when sheets are cut, the 

warnings will be equalized on caitons and packs for each brand style. The warnings will 

appear exactly as shown on the pack and ca1to11 samples submitted with our letters dated 

October 3, 2017, October 17, 2017 and December 7, 2017. 

Tel: (859) 23{1-8500 Toll Free: 1-866-832-7637 
The sales volumes in cigarettes for each brand for fiscal year 2018 were as 

follows: · 

Kentucky's Best 

VB Made in the USA 

Barnn American Blend 

Anticipated sales volumes in cigarettes for each brand for fiscal year 2019 are as 

follows: 

Kentucky's Best 

VB Made in the USA 

Baron American Blend 

II. Advertisements (other than outdoor billboard adve1tisements) 

Farmers Tobacco Co. ofCynthiana Inc. continues to be in compliance with the 

advertising plans approved by the FTC on November 18, 2003 and April 18, 2005 for 

Kentucky's Best, Marqh 25, 2005 for VB Made in the USA and April 27, 2005 for Baron 

American Blend. 

Farmers Tobacco Co. ofCynthiana, Inc. will maintain sufficient records to 

demonstrate compliance with this plan. 

Ifany further information is required, please call us at 1-866-832-7637 between 

the hours of 8:00 AM and 5:00 PM EST. Thank you for your time. 

Sincerely, 

~~~U6 Jennifer Straus 

Vice President 

Farmers Tobacco Co. ofCynthiana, Inc. 
Fatmers Tobacco Co. ofCynthiana, Inc. 

List ofBrand Family Styles 

Kentucky's Best 

Red King Soft Pack 

Gold Kjng Soft Pack 

Red King Hard Pack 

Gold King Hard Pack 

Silver King Hard Pack 

Menthol King Hard Pack 

Green King Hard Pack 

Non-Filter King Soft Pack 

Red 100 Soft Pack 

Gold 100 Soft Pack 

Silver 100 Soft Pack 

Red 100 Hard Pack 

Gold I 00 Hard Pack 

Silver 100 Hard Pack 

Menthol 100 Hard Pack 

Green 100 Hard Pack 

VB Made in the USA 

Red King Hard Pack 

Gold King Hard Pack 

Menthol King Hard Pack 

Non-Filter King Soft Pack 

Red 100 Hard Pack 

Gold 100 Hard Pack 

Blue 100 Hard Pack 

Menthol 100 Hard Pack 

Green 100 Hard Pack 

Baron American Blend 

Red King Hard Pack 

Blue King Hard Pack 

Menthol King Hard Pack 

Non-Filter King Soft Pack 

Red 100 Hard Pack 

Blue 100 Hard Pack 

Silver 100 Hard Pack 

Menthol 100 Hard Pack 

Green 100 Hard Pack 
United States ofAmerica 

FEDERAL TRADE COMMISSION 

Washington, D.C. 20580 

Division of 

Advertising Practices 

September 25, 2019 

Ms. Jennifer Straus 

Vice President 

Farmers Tobacco Co. ofCynthiana, Inc. 

636 US Highway 27 North 

P.O. Box 98 

Cynthiana, KY 41031 

Dear Ms. Straus: 

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) ofthe 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 Farmers Tobacco Co. ofCynthiana, Inc. ("Farmers Tobacco") on 

September 23, 2019, calling for simultaneous display (i.e., the alternative to quarterly rotation) of 

the four health warnings on packaging for certain varieties ofthe "Kentucky's Best," "VB Made 

in the USA," and "Baron American Blend" brands of cigarettes. 

Farmers Tobacco's sales appear to qualify for the aforementioned alternative to quarterly 

rotation ofthe warnings on packaging, and the health warnings on the sample packs and cartons 

submitted with your letters dated October 3, October 17, and December 7, 2017 continue to 

appear to meet the requirements ofthe Cigarette Act in force as ofthe date ofthis letter for size 

and conspicuousness. 1 

Accordingly, Farmers Tobacco's plan for simultaneous display ofthe four health 

warnings on packaging is hereby approved for the following varieties: 

• Sixteen varieties ofthe Kentucky's Best brand: Red Kings (soft pack and hard pack), 

Gold Kings (soft pack and hard pack), Silver Kings hard pack, Menthol Kings hard pack, 

Green Kings hard pack, Non-Filter Kings soft pack, Red 1 00's (soft pack and hard pack), 

This approval pertains only to packaging that meets the requirements ofthe Cigarette 

Act. Furthermore, the four health warnings must appear exactly as shown on the packs and 

cartons the Commission has most recently approved. 
Ms. Jennifer Straus 

September 25, 2019 

Page2 

Gold I 00's (soft pack and hard pack), Silver I 00's (soft pack and hard pack), Menthol 

1 00's hard pack, and Green 1 00's hard pack; 

• Nine varieties ofthe VB Made in the USA brand: Red hard pack (Kings and I00's), Gold 

hard pack (Kings and 1 O0's), Menthol hard pack (Kings and 1 00's), Non-Filter Kings soft 

pack, Blue 1OO's hard pack, and Green 1 00's hard pack; and 

• Nine varieties ofthe Baron American Blend brand: Red hard pack (Kings and 1 00's), 

Blue hard pack (Kings and IO0's), Menthol hard pack (Kings and I 00's), Non-Filter 

Kings soft pack, Silver 1 00's hard pack, and Green 1 00's hard pack. 

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

information demonstrating proper implementation ofthe 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 Farmers Tobacco's cigarette health warning 

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

2009 enactment ofthe Family Smoking Prevention and Tobacco Control Act ("FSPTCA"). 

Moreover, it is not in any way an approval ofany other design element, statement, or 

representation made on packaging or in advertising for Farmers Tobacco's cigarettes. Nor does 

this letter purport to interpret or express any opinion about the adequacy of Farmers Tobacco's 

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

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

not limited to the Regulations Restricting the Sale and Distribution ofCigarettes and Smokeless 

Tobacco to Protect Children and Adolescents (published March 19, 2010). 

Because the FSPTCA 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 ofcertain 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 

www. f <la.gov /TobaccoProducts/Resourcesfor Y ou/ucm 17 6164 .htm. 

This approval is effective on the date ofthis letter and runs through September 24, 

2020, or until the authority to approve cigarette health warning statement plans moves 

from the FTC to the FDA, whichever comes first. 

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. Jennifer Straus 

September 25, 2019 

Page3 

Ifyou have any questions regarding this approval, please contact Connor Sands at (202) 326-

3343. 

Very truly yours, 

MARY Digitally signed

by MARY ENGLE 

Date: 2019.09.25 ENGLE 14:56:11 -04'00' 

Mary K. Engle 

Associate Director