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. September 24, 2019 letter from Sarah Treptow, Ohserase Manufacturing, LLC to the 

Division of Advertising Practices. 

2. October 2, 2019 letter from Mary K. Engle to Sarah Treptow, Ohserase Manufacturing, 

LLC. 

3. September 24, 2019 letter from Craig A. Koenigs on behalf of Wind River Tobacco 

Company, LLC to Mary K. Engle. 

4. October 21, 2019 letter from Mary K. Engle to Craig A. Koenigs on behalf of Wind 

River Tobacco Company, LLC. 

5. September 26, 2019 letter from Craig A. Koenigs on behalf of Wind River Tobacco 

Company, LLC to the Mary K. Engle. 

6. October 23, 2019 letter from Mary K. Engle to Craig A. Koenigs on behalf of Wind 

River Tobacco Company, LLC. 

7. November 12, 2019 letter from Melanie C. Holloway on behalf of Philip Morris USA 

Inc. to Mary K. Engle. 

8. November 13, 2019 letter from Mary K. Engle to Melanie C. Holloway on behalf of 

Philip Morris USA Inc. 
 

 

Public Records 

March 16, 2020 

Page 2 

9. November 13, 2019 letter from Mary Najjar, Marketing Group USA, Inc. to Mary K. 

Engle. 

10. November 14, 2019 letter from Mary K. Engle to Mary Najjar, Marketing Group USA, 

Inc. 

11. November 14, 2019 letter from Kanim James, Lone Warrior Holdings, Inc. to Mary K. 

Engle. 

12. November 14, 2019 letter from Kanim James, Lone Warrior Holdings, Inc. to Mary K. 

Engle. 

13. November 20, 2019 letter from Mary K. Engle to Kanim James, Lone Warrior Holdings, 

Inc. 

14. November 13, 2019 letter from Karen E. Delaney, NASCO Products, LLC to Mary K. 

Engle. 

15. November 26, 2019 letter from Mary K. Engle to Karen E. Delaney, NASCO Products, 

LLC. 
September 24, 2019 

Division ofAdvertising Practices 

ohsarase.com Federal Trade Commission ~ ..,.. 600 Pennsylvania Ave NW CC-10528 

Washington, D.C. 20580 

0 H SERASE MANU FACTU RING LLC 

26 Eagle Drive 

PO Box 1221 

Akwesasne, NY 13655 

518 358-9309 

RE: Surgeon General's Health Warning Equalization Plan for Signal Brand Cigarettes 

Dear Sir/Madam: 

Tbis is an application for approval and expansion ofthe plan ofOhserase Manufacturing, LLC 

for the display ofthe health warnings on its Signal cigarette brand. Ohserase Manufacturing, 

LLC is a limited liability corporation with offices located at 26 Eagle Drive, Akwesasne, New 

York 13655, mailing address P.O. Box 1221, Akwesasne, New York 13655 and the phone 

number is (518)358-4229. 

Ohserase wishes to file a Surgeon General's Health Warning Equalization Plan as required by 

the Federal Cigarette Labeling and Advertising Act of 1964 for the brand of cigarettes they wish 

to manufacture in the United States under the brand name "Signal." On June 18, 2019 our plan 

for display ofthe health warnings on certain varieties ofthe Great Country brand was approved. 

The brand styles ofSignal brand cigarettes Ohserase intends to manufacture are listed on Exhibit 

"A." Ohserase intends to introduce new packaging for the previously approved styles ofSignal 

to the market this year, all actual production packs and cartons for each style ofthe new · 

packaging was enclosed with our letter ofAugust 23, 2019. Ohserase also intends to expand its 

plan to include 2 new "Mellow" brand styles, packaging for which was also included with the 

letter ofAugust 23, 2019. The warnings will appear exactly as shown on those samples. We plan 

to run out the limited amount ofpreviously approved Signal packaging we have leftover in the 

very near future. 

Ohserase manufactured approximately ~ igarettes in ~ J.018 (all were Signal 

brand). To date, in fiscal year 2019, Ohserase has manufactured--

Signal and Great Country). Ohserase anticipates manufacturing approximately 

cigarettes (all were 

cigarettes of all its brand styles (Signal and Great Country) in fiscal year 2019. Ohserase does 

not import any brand styles ofcigarettes. 

No one brand style of cigarettes sold by Ohserase has for the past fiscal year constituted more 

than 1⁄4 of 1% of all the cigarettes sold in the United States in such year, and no one brand style 

will constitute more than 1⁄4 of 1% ofall the cigarettes sold in the United States in the next fiscal 

year. In addition, more than one-half ofthe cigarettes manufactured for sale in the United States 

will be packaged into brand styles which meet the requirements of 15 U.S.C. §1333( c)(2)(A)(i). 

1 
As a small manufacturer as defined by the Act, Ohserase wishes to submit a plan to equalize the 

four health warning statements required by 15 U.S.C. §1333(c) for its Signal brand. Each ofthe 

four warning statements will appear on the packs and cartons ofeach brand style of 

Signal brand cigarettes manufactured by Ohserase an equal number oftimes in the one year 

period beginning on the date this plan is approved. Ohserase will maintain records demonstrating 

compliance with this plan. 

The individual packs ofSignal cigarettes to be manufactured by Ohserase will have the proper 

health warnings printed by the manufacturer directly on the packs under the cellophane. The 

cartons will also have the proper health warnings printed directly on the cartons by the 

manufacturer. Ohserase will keep a running total ofthe number of cartons and packs it 

manufactures with each warning label for each brand style. 

Ohserase understands that the FTC is charged with ensuring that Ohserase's Surgeon General's 

Health Warning Label Plan is complied with and, therefore, it agrees to maintain records to 

demonstrate that they are in compliance with, and are properly implementing their plan. 

Ohserase will print all four health warnings in equal numbers on each printed sheet ofpackaging 

for all ofits cartons and packs so that when the sheets are die cut each shipment should be 

approximately equalized for each brand style as manufactured. If, toward the end ofthe one year 

period, it appears that the warnings are not equalized on the packs and cartons for each brand 

style, Ohserase will place special orders for packaging with the specific health warnings needed 

to ensure that the display ofall four warnings is equalized on the packs and cartons for each 

brand style by the plan's anniversary date. 

Ohserase has an advertising plan in place and approved by the Federal Trade Commission. The 

plan was approved in January of2013 and has not changed. 

We believe this plan complies in all respect with the Federal Cigarette Labeling and Advertising 

Act, as amended, including any modifications made by the Public Health Cigarette Smoking Act 

of1969, the Comprehensive Smoking Education Act of 1984, the Nurses' Education 

Amendments of 1985 and the Imported Cigarette Compliance Act of2000. For this reason, we 

hereby request that you approve this plan as soon as possible. 

Ifyou have any questions I can be reached by phone at (518) 358-4229 extension 1039. Thank 

you. 

1-S~ ;a\.T· ptow 

l,~ia ceOt~ 

2 
Exhibit A 

Ohserase Manufacturing, LLC 

Signal Brand Styles 

Full Flavor King Box 

Full Flavor 100 Box 

Smooth King Box 

Smooth 100 Box 

Ultra Smooth King Box 

Ultra Smooth 100 Box 

Menthol King Box 

Menthol 100 Box 

Menthol Smooth King Box 

Menthol Smooth 100 Box 

Bold King Box 

Bold lO0Box 

Max King Box 

Max l00Box 

Mellow King Box 

Mellow 100 Box 
Selected packaging samples from those 

submitted with the plan. 
-

: (It 

---

·-

-

United States ofAmerica 

FEDERAL TRADE COMMISSION 

Washington, D.C. 20580 

Division of 

Advertising Practices 

October 2, 2019 

Ms. Sarah Treptow 

Ohserase Manufacturing, LLC 

26 Eagle Drive 

P.O. Box 1221 

Akwesasne, NY 13655 

Dear Ms. Treptow: 

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

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

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

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

revised proposed plan filed by Ohserase Manufacturing, LLC ("Ohserase") on September 24, 

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

health warnings on packaging for certain varieties ofthe Signal brand of cigarettes. 

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

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

your letter ofAugust 23, 2019 appear to meet the requirements ofthe Cigarette Act in force as of 

the date ofthis letter for size and conspicuousness. 1 

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

packaging for the following sixteen box varieties of the Signal brand is hereby approved: Full 

Flavor (Kings & l00's), Smooth (Kings & l00's), Ultra Smooth (Kings & l00's), Menthol 

(Kings & l00's), Menthol Smooth (Kings & l00's), Bold (Kings & l00's), Max (Kings & 

l00's), and Mellow (Kings & l00's). 

Approval ofOhserase' s plan is contingent on its good faith implementation. We may ask 

for information demonstrating proper implementation of the plan.

2 The Cigarette Act provides 

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

Ohserase stated in its September 24, 2019 letter that it intends to run out its existing 

inventory of approved packaging for the Signal brand. 

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. Sarah Treptow 

October 2, 2019 

Page 2 

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

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

enactment 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 Ohserase's cigarettes, including, but not limited to, "all 

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

Ohserase'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 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 176164.htm. 

This approval is effective on the date ofthis letter and runs through October 1, 

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 Aine Farrell at (202) 

326-2409. 

Very truly yours, 

Digitally signed by MARY MARY ENGLE 

Date: 2019.10.02 ENGLE 14:26:23 -04'00' 

Mary K. Engle 

Associate Director 
0 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 

/y 

WWW.FW.AW.COM 

September 24, 2019 

CONFIDENTIAL CONTAINS TRADE SECRETS 

AND PROPRIETARY BUSINESS INFORMATION 

VIAFEDEX 

Mary K. Engle 

Associate Director 

Federal Trade Commission 

Division ofAdvertising Practices 

600 Pennsylvania Avenue, NW 

Mail Drop CC10528 

Washington, DC 20580 

Re: Wind River Tobacco Company, LLC 

Notification of Proposed Package Change 

Dear Ms. Engle: 

lbis letter is submitted to the Federal Trade Commission ("FTC") on behalf of Wind 

River Tobacco Company, LLC ("WRT") to notify the FTC of an intended package change to the 

packs ofthe Nashville Silver lO0's brand style. 

WRT's Nashville brand cigarettes are subject to a health warning display plan approved 

by the FTC on February 26, 2019 (the "Plan"). The Plan includes approval of the Nashville 

Silver I00's brand style in square cornered packs. WRT intends to change the packaging for the 

Nashville Silver 1 0O's packs to a new design with round corners. The warning labels will appear 

on the packs of the Nashville lO0's round corner packs exactly as they appear on the packaging 

submitted with this letter. WRT wishes to continue using the existing packaging for square 

cornered packs of the Nashville Silver lO0's brand style until the inventory of those products 

with square cornered packs runs out, which is expected to occur by or before December 31, 

2019. 

Please note that WRT provided the FTC with round cornered packaging samples for the 

Nashville Red lO0's, Gold lO0's, Green (Menthol) lO0's and Black (Menthol) l00's packs by 

letter dated February 11, 2019. The approval of the use of the round cornered packs for those 

four (4) brand styles and the transition from the square cornered packs to round cornered packs 

of those four (4) brand styles is referenced in the Plan. 

1 
If you have any further questions regarding this matter, please do not hesitate to contact 

me by email at ckoenigs@ralaw.com or by telephone at (202) 216-8317. As always, your 

cooperation and assistance are greatly appreciated. 

Sincerely, 

ROETZEL & ANDRESS, LP A 

Enclosures 

2 
. Selected packaging samples from those 

submitted with the plan. 
I' c;,.._ 

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Underage 

Sale Prohibited 

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Underage 

Sale 

: Prohibited 
United States of America 

FEDERAL TRADE COMMISSION 

Washington, D.C. 20580 

Division of 

Advertising Practices 

October 21, 2019 

Mr. Craig A. Koenigs 

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. §§ 1331-1341 ("the Cigarette Act"). Pursuant to that delegation, Wind River Tobacco 

Company, LLC's ("WRT") 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 of cigarettes was approved on February 26, 2019. 

By letter dated October 17, 2019, you now propose to modify the packs for the Nashville 

Silver l00's box variety. 

It appears that the health warnings on the modified packs for the Nashville Silver l00' s 

box variety submitted with your letter of September 24, 2019 continue to meet the requirements 

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

I wish to remind you that the Commission's February 26, 2019 approval ofWRT's plan 

for simultaneous display ofthe warnings on packaging for certain varieties ofthe American 

Bison and Nashville brands of cigarettes expires on February 25, 2020, or when the authority to 

approve cigarette health warning statement plans moves from the FTC to the FDA, whichever 

comes first. This letter does not extend that approval period. 

Please note thatthis letter only approves WRT'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 an approval of 

any other design element, statement, or representation made on packaging or in advertising for 

WRT's cigarettes. Nor does this letter purport to interpret or express any opinion about the 

WRT stated in its October 17, 2019 letter that it intends to run out its existing inventory 

of approved packs for the Nashville Silver 1 00' s box variety.· 
Mr. Craig A. Koenigs 

October 21 , 2019 

Page 2 

adequacy ofWRT'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 /To baccoProducts/Resourcesfor Y ou/ucm 176164 .htm. 

If you have any questions regarding this approval, please contact Samuel Baker at (202) 

326-2651. 

Very truly yours, 

Digitally signed by 

MARY ENGLE ~~:\~~~-~~_21 1 1 :58:03 -04'00' 

Mary K. Engle 

Associate Director 
0 ROETZEL 

1300 Pennsylvania Avenue NW 

Suite 700 

Washington, D.C. 20004 

DIRECT DIAL 202.216.8317 

PHONE 202.625.0600 FAX 202.338.6340 

ckoenigs@ralaw.com 

WWW.FW..AW.COM 

September 26, 2019 

CONFIDENTIAL CONTAINS TRADE SECRETS 

ANDPROPRIETARY BUSINESS INFORMATION 

Mary K. Engle 

Associate Director 

Federal Trade Commission 

Division ofAdvertising Practices 

600 Pennsylvania Avenue, NW 

Mail Drop CC10528 

Washington, DC 20580 

Re: Wind River Tobacco Company, LLC 

Teton Brand Cigarettes Renewal 

Dear Ms. Engle: 

This renewal of the plan for the simultaneous display of health warnings on the 

packaging of Teton brand 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. WR.T's Senior Vice President, Manufacturing Operations is 

Bennett Lee Welchons. 

WR.T's most recent plan for the simultaneous display of health warnings on the 

packaging ofthe Teton brand of cigarettes was approved by the FTC on October 26, 2018. WRT 

wishes to renew 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. §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)(l) 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). 

1 
WRT intends to manufacture the Teton brand of cigarettes in the seven (7) brand styles 

listed in Schedule A, attached hereto. WRT seeks continued approval for the simultaneous 

display of health warnings on the packaging ofthe Teton brand ofcigarettes for the brand styles 

listed in Schedule A. 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 renewal of this 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 Teton brand styles 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 oftimes on the packs and cartons of 

each ofthe Teton brand styles it manufactures. WRT will ensure equal use ofthe warning label 

statements by ordering equal quantities ofpackaging (packs and cartons) containing each ofthe 

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 cartons will be printed and distributed using an equal 

number ofall four ( 4) warning labels. WRT shall maintain records accounting for the number of 

packs and cartons using each warning label. WRT will equalize the use ofthe four (4) warning 

labels on the packs and cartons of all seven (7) Teton brand styles for the one-year period 

beginning on the Effective Date. 

WRT's fiscal year is the calendar year from January 1 to December 31. The annual sales 

volume for fiscal year 2018 (January 1, 2018 to December 31, 2018) for the Teton brand styles 

are set forth in Schedule A. WRT also manufactures American Bison and Nashville brand 

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

annual sales volumes for the American Bison and Nashville brand styles for fiscal year 2018 

(January 1, 2018 to December 31, 2018) also are set forth in Schedule A. WRT does not import 

or manufacture any other brand ofcigarettes. For fiscal 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 

2 
that the sales volume for any one brand style of cigarettes it manufactures or imports for the one 

year period beginning on the Effective Date shall exceed one-fourth of one percent of all 

cigarettes sold in the United States in that year. 

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

packaging prior to WRT's manufacturing the Teton cigarettes. The warning labels will appear 

on the packs and cartons ofeach ofthe Teton No. 18 brand styles and on the packs ofeach ofthe 

Teton No. 6 brand styles exactly as they appear on the packaging submitted to the FTC with 

WRT's letter dated September 14, 2018. The warning labels will appear on the cartons of the 

Teton No. 6 brand styles exactly as they appear on the packaging submitted to the FTC with 

WRT's letter dated October 5, 2018. 

III. Advertising 

WRT currently has approved advertising plans in place for Teton 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 Teton brand cigarettes that was approved on October 26, 

2018 and a plan for the display of health warnings on internet advertising for Teton brand 

cigarettes that was approved on July 31, 2019. Any advertising of the Teton brand cigarettes 

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 ofany cigarettes during any period oftime. 

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

confidential and contains trade secrets and proprietary business information ofWRT. WRT does 

not authorize the release ofthis sales volume information to anyone without WRT's permission, 

except as specifically required by law. 

If you have any further questions regarding 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 

'

;,rug)'.:~:,~~ 

3 
SCHEDULE A 

The following is a list ofthe American Bison, Nashville and Teton cigarette brand styles 

that WRT manufactures and the annual sales volume in cigarettes for fiscal year 2018 (January 1, 

2018 to December 31, 2018) for each brand style. The list also includes the American Bison 

Blue brand style of cigarettes in red packing that WRT began manufacturing in 2019, and the 

estimated sales volume for the one (1) year period beginning on the effective date of approval of 

the health warning display plan for that packaging variation. 

Brand Size I Packaging Brand Style Calendar Year Sales Volume 

American King/Box Blue (Blue Packaging) 

Bison Gold 

Yellow 

Green (Menthol) 

Dark Green (Menthol) 

Estimated One (1) Year Sales 

King/Box Blue (Red Packaging) 

Brand Size / Packaging Brand Style 

Nashville Kings /Box Red 

Gold 

Silver 

Green (Menthol) 

Black (Menthol) 

l00's / Box Red 

Gold 

Silver 

Green (Menthol) 

Black (Menthol) 

Brand Size I Packaging Brand Style 

Teton Kings/Box No. 18 Blue Kings 

No. 18 Yellow Kings 

No. 18 Green Menthol Kings 

l00's / Box No. 6 Red l00's 

No. 6 Gold lO0's 

No. 6 Green Menthol lOO's 

No. 6 BlackMenthol l00's 

Calendar Year Sales Volume 

4 

14115963 1 
Division of 

Advertising Practices 

United States ofAmerica 

FEDERAL TRADE COMMISSION 

Washington, b.C. 20580 

October 23, 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 behalf of Wind River Tobacco Company, LLC ("WRT") on 

September 26, 2019, calling for simultaneous display (i.e., the alternative to quarterly rotation) of 

the four health warnings on packaging for certain varieties ofthe Teton brand ofcigarettes. 

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

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

your letters dated September 14 and October 5, 2018 continue to appear to meet the requirements 

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

1 

Accordingly, WRT's plan for simultaneous display ofthe four health warnings on packaging is 

hereby approved for the following seven box varieties ofthe Teton brand: No. 18 Blue Kings, 

No. 18 Yellow Kings, No. 18 Green Menthol Kings, No. 6 Red l00's, No. 6 Gold l00's, No. 6 

Green Menthol l00's, and No. 6 Black Menthol I00's. 

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. 

Please note that this letter only approves WRT'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, 

Although the warnings on some ofthe sample cartons initially submitted were not . 

sufficiently conspicuous, corrected samples were submitted. This approval pertains only to 

packaging that meets the requirements of the Cigarette Act. 

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 
Craig A. Koenigs, Esq. 

October 23, 2019 

Page 2 

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

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

express any opinion about the adequacy of WRT'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 

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 October 22, 

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, 

MARY Digitally signed by

MARY ENGLE 

Da te: 2019.10.23 ENGLE 15:35:13 -04'00' 

Mary K. Engle 

Associate Director 
Altria 

Melanie Holloway 

Senior Counsel 

November 12, 2019 

Via Ovemiglzt Delivery 

Ms. Mary K. Engle 

Associate Director 

U.S. Federal Trade Commission 

Bureau ofConsumer Protection 

Division ofAdvertising 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: 

On September 13, 2019, the Federal Trade Commission approved Philip Morris USA Inc.'s (' 'PM USA") 

warning rotation plan for advertising for three varieties of Marlboro HeatSticks and packaging for two 

varieties ofMarlboro HeatSticks sold in packs only. Marlboro HeatSticks are for use exclusively with the 

IQOS tobacco heating system. Pursuant to section 4 of the Federal Cigarette Labeling and Advertising 

Act ("FCLAA") (15 U.S.C. § 1333), PMUSA seeks approval ofthis warning rotation plan for the packs 

and cartons of a third variety of HeatSticks, Marlboro Fresh Menthol, and the cartons for the Smooth 

Menthol and Non-menthol varieties ofHeatSticks, as listed in the chart below. 

As described in our previously approved warning rotation plan, the U.S. Food and Drug Administration 

("FDA")'s order authorizing the marketing ofHeatSticks, requires the removal ofthe Surgeon General's 

carbon monoxide warning. Consistent with FCLAA's requirements and FDA's marketing order, PM 

USA plans to rotate the required warning statements quarterly on HeatSticks packs and cartons in 

accordance with the following schedule (which is identical to the schedule approved on September 13, 

2019), based on the date on which the products are packaged: 

HeatSticks 

Brand Styles 

Q3 

2019 

(JulySept) 

Q4 

2019 

(OctDec) 

Ql 

2020 

(JanMar) 

Q2 

2020 

(AprJun) 

Q3 

2020 

(JulySept) 

Q4 

2020 

(OctDec) 

MARLBORO 

Fresh Menthol 

(pack and carton) 

Smooth Menthol 

(carton) 

Non-menthol 

Silver Pkg 

(carton) 

C A B C A B 

Altria Client Services, LLC 

1

6603 W. Broad street, Richmond, VA 23230 

8o44!l4-'8356 
November 12, 2019 

Page 2 of2 

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. All three 

varieties ofMarlboro HeatSticks will be sold in packs and cartons. 

The warnings are as follows: 

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

Disease, Emphysema, And May Complicate Pregnancy. 

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

Serious Risks to Your Health. 

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

in Fetal Iniurv. Premature Birth And Low Birth Weillht. 

PM USA will maintain records that show compliance with this warning rotation plan. With our letter 

dated October I 0, 2019, we provided sample packaging displaying each of the warning statements listed 

above for the packs and cartons ofthe Fresh Menthol variety ofHeatSticks and the cartons for the Smooth 

Menthol and Non-menthol varieties ofHeatSticks. The warning statements will appear exactly as shown 

on the samples provided with our letter ofOctober 10, 2019. 

Ifyou require additional information, please do not hesitate to contact me at (804) 484-8356. 

Sincerely 

M a e C. Holloway 

cc: Ms. Bonnie McGregor (by email only) 

Mr. Darren C. Broughton (by email only) 

2 
Selected packaging samples from those 

submitted with the plan. 

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United States of America 

FEDERAL TRADE COMMISSION 

Washington, D.C. 20580 

Division of 

Advertising Practices 

November 13, 2019 

Ms. Melanie C. Holloway 

Senior Counsel 

Altria Client Services, LLC 

6603 West Broad Street 

Richmond, VA 23230 

Dear Ms. Holloway: 

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, Philip Morris USA 

Inc.’s (“PM USA”) September 10, 2019 plan for quarterly rotation of health warnings on packs 

for the 45 mm hard-pack Non-Menthol and Smooth Menthol varieties of Marlboro IQOS 

“HeatSticks” was approved on September 13, 2019. 

By letter dated November 12, 2019, you now propose to expand your plan for quarterly 

rotation of health warnings on packaging to include cartons for the 45 mm hard-pack NonMenthol and Smooth Menthol varieties of Marlboro IQOS “HeatSticks,” as well as packs and 

cartons for the 45 mm hard-pack Fresh Menthol variety of Marlboro IQOS “HeatSticks.”1 

The warnings on the sample packaging submitted with your October 10, 2019 letter 

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 November 12, 2019 expansion of its plan to include quarterly 

rotation of health warnings on cartons for the 45 mm hard-pack Non-Menthol and Smooth 

1 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 expansion of PM USA’s warning plan provides for the display of the 

three Cigarette Act warning statements required under FDA’s marketing order. 

2 PM USA stated in its November 12, 2019 letter that the health warnings will appear 

exactly as shown on the packs and cartons submitted on October 10, 2019. 
 

 

Ms. Melanie C. Holloway 

November 13, 2019 

Page 2 

Menthol varieties of Marlboro IQOS “HeatSticks” and packs and cartons for the 45 mm hardpack Fresh Menthol variety 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 MARY by MARY ENGLE 

Date: 2019.11.13 ENGLE 14:38:15 -05'00' 

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. 

3 
. ,.,. MARKETING GROUP USA INC. J ~~ ' ._ .- l 

l 

2801 Camluo Del Rio South Office: 619--328-7710 USA I =n :.:_' Suite 304, Saa mego; CA 92108 USA Cell: 619--291-1662 ... email: mpl8@nyuydp.com 0....-""✓ 

web: oyoydga.com 

November 13, 2019 

Ms. Mary K. Engle 

Federal Trade Commission, 

Division ofAdvertising Practices, ATTN: Ms. Bonnie McGregor 

600 Pennsylvania Avenue, N.W. 

Mail Drop CC-10528 

Washington, D.C. 20580 

RE: Annual Extension for the Approved Cigarette Warning Equalization Plan, 

Dear Ms. Engle; 

Thjs letter is being submitted by Marketing Group USA, INC, for the extension ofthe approval 

ofthe Surgeon General Warning Equalization Plan for the display ofthe four health warnings on 

packaging ofthe New York New York cigarette brand. 

The initial approval was issued on January 27, 2009 valid to January 26, 2010. 

A subsequent extension was granted on April 0 1, 2010 valid to March 31, 2011 for Full Flavor 

hard pack (Kings and I 00' s ), Menthol hard pack (Kings and 100' s ), and Non Filter Kings soft 

pack. 

Subsequent extension plans were submitted and approved. 

Through the date ofthis application, the Surgeon General Warnings have been equalized on our 

packaging for the nine brand styles ofNew York New York Brand cigarettes. 

The New York New York brand will continue to be manufactured in the United States by our 

c0ntract manufacturer Joseph M. Anderson d/b/a Smokin Joes for Marketing Group.USA, Inc. 

Upon approval ofthis extension, the contract manufacturer will continue to manufacture these 

cigarettes under the authority ofthe Bureau ofAlcohol, Tobacco, Firearms and Explosives 

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

Marketing Group USA, Inc. does not import cigarettes. 

New York New York brand cigarettes will be manufactured in a variety of styles. The following 

varieties ofNew York New York cigarettes are the only brand styles ofcigarettes that we 

manufacture and will be manufactured in accordance with both FTC and FSPTCA rules and 

regulations: 

p 
FTC Application 

November 13, 20 I 9 

Page 2 

Red Box King Size, Red Box 100 Size 

Gold Box King Size, Gold Box I00 Size 

Silver Box 100 Size 

Menthol Box King Size, Menthol Box· 100 size, Menthol Gold Box 100 Size 

Non-filter Box King Size 

These cigarettes will be packaged in 200 count cartons ("Outer Cartons"). Each Outer Carton 

will contain lO(l0) packs ("Pack") oftwenty (20) cigarettes each pack. The warnings will 

appear exactly as they do on the actual packs and cartons submitted by our contract manufacturer 

on September 08, 2017. 

Marketing Group USA Inc's United States sticks or the period January 01, 2018 to 

December 31. 2018, wer~ There were United States stick sales for the period 

January 01, 2019 to Octo~The break ofthe number ofstick sales for both 

periods are attached as Exhibit 1 .. 

Marketing Group USA Inc. uses the calendar year as the fiscal year. 

United States sales estimates for the next one year period for the varieties ofNew York New 

York brand styles listed above are provided in Exhibit 2. Marketing Group USA, Inc. does not 

anticipate that the total of all brand styles ofits cigarettes will exceed ~ ticks in sales 

for the one year period to be covered by this plan. · 

Upon approval ofthe extension, the four cigarette health warnings will appear on the packs and 

cartons ofeach ofthe brand styles listed above an equal number oftimes for the one year period 

beginning on the date ofapproval ofthis plan. To ensure the cigarette warnings appear on each 

ofthe above listed brand styles an equal numb~r oftimes throughout the plan year, raw materials 

packaging inventory will be stored and loaded into packaging machines alternating the four 

health warnings equally. 

Marketing Group USA will maintain compliance with the September 28, 2010 Plan for point of 

sale advertising for the New York New York Brand, and with the September 29, 2011 Plan for 

the internet advertising for the New York new York Brand 

Marketing Group USA, Inc. is aware ofthe requirements set forth in the Cigarette Labeling and 

Advertising Act and the company's efforts are always to be fully compliant with the Act. 

Marketing Group USA, Inc. will maintain records ofcompliance with the approved plan. 
FTC Application 

November 13, 2019 

Page3 

Thank you in advance for your kind attention to this important request for extension. Ifthere are 

any questions or concerns regarding these plans, please feel free to contact me. 

~r 

PresideU 
STICI:( SALES FIGURES JANUARY 1, 2018-DECEMBER 31 , 2018 

. . 

NEW YORK NEW YORK - . - .~E\/1/ YQRK NE_W _YORK G..QLD KING_E30~ . 

NEW YORK NEW YORK RED KING BO~ 

NEW YORK NEW YORK MENTHOL Klf\iG BOX. 

NEW YORK NEW YORK NONFILTER BOX . . . 

NEW YORK NEW YORK RED 100 BOX ·. 

NEW YORK NEW YORK GOLD 100 BOX . . 

NEW YORK NEW YORK SILVER 100 BOX · . .. 

NEW YORK NEW YORK MENTHOL 100 BOX ... . . 

NEW YORK NEW YORK MENTHOL GOLD 100 BOX 

GRAND TOTAL 

.. .. . . . -

STICK SALES FIGURES JANUARY 1, 2019-OCTOBER 1, 2019 - . ' .. . -· -- - · . . -

NEW YORK NEW YORK . .. 

NEVI/ YORK NEW YORK GOLD KING BOX . . . . ' ... NEW YORK NEW YORK RED KING BOX 

NEW YORI( N 0EW voRK-ME!'JTH6~ Kt_NG ox■ NEW YORK NEW YORK - NON .... FILTER . BOX . 

NEW YOR:< NEW YORK RED 100 BOX .. - . . . NEW YOR.< NEW YORK GOLD 100 BOX . . . ' . .. ··- ..... .. -. 

NEW YOR:< NEW YORK SILVER 100 BOX . . . . 

NEW YOR~ NEW YORK MENTHOL 100 BOX . . . . . 

NEW YOR.< NEW YORK MENTHOL GOLD 100 BOX . . . ~ 

GRAND TOTA 

Total Estimated Stick Sales Oct 0-:, 1019 to Oct. 01. 2 

i 

\:Y\YCnid i00Sir.el3ox - - ---+----- --- --­ :--. Y\i', Gold Kin~ Si7.C B<t\ 

~V N'f Silver !00 Si:ze Box 

1'Y'.'-:Y :\on-i:i!tcr King Siic Box 

TOTAL 
UNITED STATES OF AM ERICA 

Federal Trade Commission 

Washington, D.C. 20580 

Division of 

Advertising Practices 

November 14, 2019 

Ms. Mary Najjar 

Marketing Group USA, Inc. 

2801 Camino Del Rio South, Suite 304 

San Diego, CA 92108 

Dear Ms. Najjar: 

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 Marketing Group USA, Inc. ("Marketing Group") on November 

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

health warnings on packaging for certain varieties ofthe "New York New York" brand of 

cigarettes. 

Marketing Group'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 September 8, 2017 continue to appear to meet the requirements 

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

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

packaging is hereby approved for the following nine box varieties ofthe New York New York 

brand: Red (Kings and l00's), Gold (Kings and l00's), Silver l00's, Menthol (Kings and 

l00's), Menthol Gold l00's, and Non-Filter Kings. 

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 Marketing Group's cigarette health warning 

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

Marketing Group stated in its November 13, 2019 letter that the four health warnings will 

appear exactly as shown on the packs and cartons submitted on September 8, 2017. 

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. Mary Najjar 

November 14, 2019 

Page 2 

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 Marketing Group's cigarettes. Nor does 

this letter purport to interpret or express any opinion about the adequacy ofMarketing Group'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 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/ucml 76164.htm. 

This approval is effective on the date of this letter and runs through November 13, 

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 Samuel Baker at (202) 

326-2651. 

Very truly yours, 

MARY Digitally signed by 

MARY ENGLE 

Date: 2019.11.14 ENGLE 11 :52:56 -05'00' 

Mary K. Engle 

Associate Director 
2600 Business Parkway, Suite 300 

Yakima, WA 98903 

509-361-1623 

November 14, 2019 

Ms. Mary K. Engle 

Associate Director 

Division ofAdvertising Practices 

Federal Trade Commission 

600 Pennsylvania Ave., NW 

Maildrop CC-10528 

Washington, DC 20580 

RE: Lone Warrior Holdings, Inc. - Advertising Plan/or Rainier and Yakama Brands 

Pursuant to 15 USC§ 1333 

Dear Ms. Engle: 

This letter represents the submission ofLone Warrior Holdings, Inc.' s advertising plan pursuant 

to 15 U.S.C. § 1333. The Rainier and Yakama brands are manufactured in the United States for 

Lone Warrior Holdings, Inc. by Jacobs Tobacco Company. Jacobs Tobacco Company is a 

federally-licensed tobacco products manufacturer (TTB Permit No. TP-NY-15047). Lone 

Warrior Holdings, Inc. does not have any other cigarette brands manufactured under contract and 

does not manufacture any other cigarette brands itself. Lone Warrior Holdings, Inc. does not 

import any cigarettes into the United States. 

Lone Warrior Holdings, Inc. intends to advertise the Rainier and Yakama brands in accordance 

with 15 U.S.C. §§ 1331-1341. Copies ofthe warning formats Lone Warrior Holdings, Inc. will 

use were enclosed with our August 16, 2019, submission. Lone Warrior Holdings, Inc.'s 

proposed advertising plan does not include, and the corporation does not intend to use, 

advertisements larger than 160 square feet. 

Lone Warrior Holdings, Inc. will use the warning formats that were submitted with the 1985 

plans of the five leading U.S. cigarette manufacturers and it will place the warnings as specified 

in those plans. The warnings will be rotated quarterly according to the schedule set out below. 

For advertisements in periodicals, Lone Warrior Holdings, Inc. will use the warning for the 

quarter in which the cover date falls, except that any advertisement appearing in a periodical 

having a cover date that encompasses a period of more than one calendar month shall bear the 

label statement for the quarter ofthe first such month. 
2600 Business Parkway, Suite 300 

Yakima, WA 98903 

LONt ARRIOR 509-361-1623 

For all other printed advertisements, Lone Warrior Holdings, Inc. will use the warning for the 

quarter in which artwork for any such advertisement is first delivered in final form for engraving 

or comparable production, regardless ofthe date(s) on which such advertisement is thereafter 

published, distributed, installed, or displayed. 

Lone Warrior Holdings, Inc. will maintain records ofcompliance with the advertising plan. 

Quarterly Rotation of Warning Statements in Advertisements for Rainier and Yakama 

Quarter Rainier Yakama 

1st Quarter ( January - A B 

March) 

2nd Quarter (April - June) B C 

3rd Quarter (July - C D 

September) 

4th Quarter (October - D A 

December) 

The warnings are as follows: 

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

Disease, Emphysema, And May Complicate Pregnancy. 

B. SURGEON GENERAL'S WARNING: Quitting Smoking Now Greatly Reduces 

Serious Risks to Your Health. 

C. SURGEON GENERAL'S WARNING: Smoking By Pregnant Women May 

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

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

Monoxide. 

Lone Warrior Holdings, Inc. is not asking for internet advertising at this time, but it will submit 

an internet advertising plan before it engages in internet advertising. 

If you have any questions or require further information, please do not hesitate to contact me. 
~

2600 Business Parkway, Suite 300 

Yakima, WA 98903 

509-361-1623 

Sincerely, 

Lon ~Hh 

By: Kanim James, Vice President 

P.O. Box 188 

Harrah, WA 98933 

Telephone: (509) 361-1623 

Email: kanim@lonewarrior.net 
2600 Business Parkway, Suite 300 

Yakima, WA 98903 

509-361-1623 

November 14, 2019 

Ms. Mary K. Engle 

Associate Director 

Division ofAdvertising Practices 

Federal Trade Commission 

600 Pennsylvania Ave., NW 

Maildrop CC-10528 

Washington, DC 20580 

RE: Lone Warrior Holdings, Inc. - Cigarette Health Warning Equalization Plan for 

Packaging Pursuant to I 5 U.S. C. § I 3 3 3 (c) (2) 

Dear Ms. Engle: 

This letter represents the submission ofLone Warrior Holdings, Inc.' s plan for use ofthe 

alternative method to the quarterly Surgeon General's rotation plan on packaging ofthe 

following ten (10) hard pack styles ofthe Rainier brand and ten (10) hard pack styles ofthe 

Yakama brand (the "Plan"): 

Rainier Product Name Yakama Product Name 

Rainier Blue l00's Yakama Blue l00' s 

Rainier Gold l00's Yakama Gold l00's 

Rainier Menthol l00's Yakama Menthol l00' s 

Rainier Menthol Gold 1 00' s Yakama Menthol Gold l00' s 

Rainier Red l00' s Yakama Red l00's 

Rainier Blue Kings Yakama Blue Kings 

Rainier Gold Kings Y akama Gold Kings 

Rainier Menthol Kings Y akama Menthol Kings 

Rainier Menthol Gold Kings Y akama Menthol Gold Kings 

Rainier Red Kings Y akama Red Kings 

The Rainier and Yakama brands are manufactured in the United States for Lone Warrior 

Holdings, Inc. by Jacobs Tobacco Company. Upon approval ofthis Plan, the contract 

manufacturer will manufacture these cigarettes under the authority of the Alcohol and Tobacco 

Tax and Trade Bureau (TTB Permit No. TP-NY-15047). Lone Warrior Holdings, Inc. does not 

have any other cigarette brands manufactured under contract and does not manufacture any other 
2600 Business Parkway, Suite 300 

Yakima, WA 98903 

LONB ARRIOR 509-361-1623 

cigarette brands itself. Lone Warrior Holdings, Inc. does not import any cigarettes into the 

United States. 

The products will be packaged in two-hundred (200) count cartons ("Cartons"). Each Carton 

will contain ten (10) packs oftwenty (20) cigarettes each ("Pack"). The four health warnings 

will be printed directly on the Packs and Cartons and will be in the content and form required by 

15 U.S.C. §§ 1331-1341 (the "FCLAA"). One-hundred and sixty (160) packaging samples were 

enclosed with our August 16, 2019, submission, including eighty (80) packaging samples for the 

Rainier brand and eighty (80) packaging samples for the Yakama brand, all of which display the 

four required health warnings. The four health warnings will appear exactly as shown on the 

sample Packs and Cartons ofthe ten (10) styles ofthe Rainier brand and the ten (10) styles ofthe 

Y akama brand enclosed with our August 16, 2019, submission. 

Through the printing process, Lone Warrior Holdings, Inc. will ensure that all four health 

warnings will be equally displayed on the Packs and Cartons of each brand style throughout the 

one year period beginning on the date of approval ofthis Plan. The contract printer will print 

four ( 4) Cartons to a sheet - each Carton on the sheet will have a different one ofthe four health 

warnings. Similarly, the contract printer will print sixteen (16) Packs to a sheet with four (4) of 

each ofthe health warnings repeated four ( 4) times. Every print run ofCartons and Packs will 

therefore have an equal distribution of health warnings and, accordingly, Lone Warrior Holdings, 

Inc.'s contract manufacturer's print runs will have an equal distribution of health warnings. The 

result will be an equal distribution of health warnings on cigarettes sold throughout the year. 

Lone Warrior Holdings, Inc. will maintain sufficient records to demonstrate compliance with this 

Plan. If by the end ofthe year equalization ofhealth warnings on Packs and Cartons has not 

been achieved, Lone Warrior Holdings, Inc. will take steps, such as placing special orders of 

packaging, to ensure health warning label equalization. 

Lone Wa1Tior Holdings, Inc. 's fiscal year is the calendar year. Lone Wanior Holdings, Inc .• 

in fiscal year 2018. Sales estimates for ~ d following 

FTC's apP.- oval ofthis lan for the brand styles listed above are- for the Rainier 

brand and for the Yakama brand. The estimated sales for each brand style will 

clearly be less than one-fourth of one percent of all cigarettes sold in the United States during 

either calendar year 2019 or calendar year 2020, as required by 15 U.S.C. § 1333(c). Lone 

Warrior Holdings, Inc. believes that its anticipated low sales volume ofthe Rainier and Yakama 

brands fit the criteria for the alternative to quarterly rotation of warnings on packaging, provided 

for in 15 U.S.C. § 1333(c)(2). 

This Plan is separate from Lone Warrior Holdings, Inc. 's advertising plan. Lone Warrior 

Holdings, Inc. will not advertise for the Rainier and Yakama brands until that plan is approved. 
2600 Business Parkway, Suite 300 

Yakima, WA 98903 

LONB cij/ WARRIOR 509-361-1623 

We submit that the foregoing complies with the requirements set forth in the FCLAA, and 

request approval ofthis Plan. Ifthere are any questions or concerns regarding this Plan, please 

contact me. 

Sincerely, 

Lone Warrior H~ 

By: Kanim James, Vice President 

P.O. Box 188 

Harrah, WA 98933 

Telephone: (509) 361-1623 

Email: kanim@lonewarrior.net 
Selected packaging samples from those 

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United States of America 

FEDERAL TRADE COMMISSION 

Washington, D.C. 20580 

Division of 

 Advertising Practices 

November 20, 2019 

Mr. Kanim James 

Lone Warrior Holdings, Inc. 

P.O. Box 188 

Harrah, WA 98933 

Dear Mr. James: 

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

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

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

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

letters dated November 14, 2019, which constitute a plan filed by Lone Warrior Holdings, Inc. 

(“Lone Warrior”), calling for: (1) quarterly rotation of the four health warnings in advertising up 

to 160 square feet in size for the Rainier and Yakama brands of cigarettes; and (2) simultaneous 

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

certain varieties of the Rainier and Yakama brands of cigarettes. 

Lone Warrior’s plan for rotation and display of the four health warnings in the 

aforementioned advertising for the Rainier and Yakama brands of cigarettes is hereby approved. 

Approval of the plan assumes that the plan is implemented in good faith. 

Lone Warrior’s sales appear to qualify for the aforementioned alternative to quarterly 

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

submitted with your August 16, 2019 letter appear to meet the requirements of the Cigarette Act 

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

Accordingly, Lone Warrior’s plan for simultaneous display of the four health warnings 

on packaging for the following varieties is hereby approved: 

x Ten hard pack varieties of the Rainier brand: Red (Kings and 100’s), Blue (Kings and 

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

and 100’s); and 

1 Lone Warrior stated in its November 14, 2019 plan that the four health warnings will 

appear exactly as shown on the packs and cartons submitted on August 16, 2019. 
 

 

 

x

Mr. Kanim James 

November 20, 2019 

Page 2 

Ten hard pack varieties of the Yakama brand: Red (Kings and 100’s), Blue (Kings and 

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

and 100’s). 

This approval of Lone Warrior’s plan for the display of the four health warnings on 

packaging is effective on the date of this letter and runs through November 19, 2020, or 

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

FTC to the FDA, whichever comes first. 

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

information demonstrating proper implementation of the plan.2

 The Cigarette Act provides that 

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

Please note that this letter only approves Lone Warrior’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 any way an approval of any other design element, statement, or 

representation made on packaging or in advertising for Lone Warrior’s cigarettes. Nor does this 

letter purport to interpret or express any opinion about the adequacy of Lone Warrior’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. 

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

(202) 326-2407. 

 Very truly yours, 

Digitally signed by MARY MARY ENGLE 

Date: 2019.11.20 ENGLE 10:30:27 -05'00'

 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 
NASC@ 

P R O D U C T S 

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

November 13, 2019 

Ms. Mary K. Engle 

Federal Trade Commission 

Division ofAdvertising Practices 

600 Pennsylvania Avenue, N.W. 

Room CC-10528 

Washington, DC 20580 

RE: Cigarette Health Warning Rotation Plan 

Dear Ms. Engle, 

This letter is being submitted for the annual renewal approval ofthe alternative method to the quarterly Surgeon 

General Warning rotation plan on packaging ofthe following eleven (11) varieties ofthe SF cigarette brand: 

Red King Box 

Blue King Box 

Gray King Box 

Menthol Dark Green King Box 

Menthol Pale Green King Box 

Non-Filter King Soft Pack 

Red 100's Box 

Blue 100's Box 

Gray 100's Box 

Menthol Dark Green lO0's 

Box 

Menthol Pale Green 1001s Box 

The SF cigarette brand is manufactured in the United States by NASCO Products, LLC ("NASCO"). Upon 

approval of this plan, the manufacturer will continue to manufacture these cigarettes under the authority ofthe 

Alcohol & Tobacco Tax and Trade Bureau (Manufacturer ofTobacco Products License TP-NC-15033). 

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

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

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

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

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

· Page 1 of2 
Act. The warnings will be placed on the product in a location which complies with applicable labeling statutes. 

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

November 11, 2014 letter. 

NASCO wili be introducing new packaging for the eleven SF cigarette brand varieties this plan year. The 

packaging is identical to the packaging submitted with our letter dated November 11, 2014, except for two 

minor changes; the permit number that had appeared by the UPC has been removed and the website that had 

appeared in the contact information section of the packaging has been removed. NASCO plans to run out the 

old packaging represented in our November 11, 2014 letter and introduce the new packaging that is enclosed 

with this letter as the old packaging runs out. 

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

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

Labeling and Advertising Act, 15 U.S.C. §§ 1331. Actual sales figures for the 2018 fiscal year for all the brand 

styles that we manufacture are provided on Exhibit A. Sales estimates for the 2019 fiscal ye 1 the brand 

styles that we manufacture are provided on Exhibit A. We do not anticipate sales to exceed -ticks 

for any one brand style of cigarettes for the one year period covered by this plan. 

· If this plan for the alternative to quarterly rotation of warnings on packaging is approved, the four cigarette 

health warnings will continue to appear on the packs and cartons of each of the cigarette brand styles listed 

above an equal number oftimes throughout the one year period beginning on the date this plan is approved. 

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

brand of cigarettes. 

NASCO Products, LLC, the manufacturer, is aware of the requirements set forth by the FTC in the Cigarette 

Labeling and Advertising Act and the company's efforts are always to be fully compliant with the Cigarette 

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

questions or concerns regarding this plan, please contact me at 716-270-1523 (phone), 716-8.77-3064 (fax), 

kdelaney@xxiicentury.com (email), or 8560 Main Street, Williamsville, NY 14221 (mailing address). 

Karen E. Delaney 

Tax Compliance Manager 

Page 2 of2 
EXHIBIT A 

Actual sales fl ures for Fiscal Year 2018 

~/11~ ..,.'[ , ..,..--♦-....~~ •l ' ~ 

SF Menthol Dark Green Kin Size Box 

SF Menthol Pale Green King Size Box 

SF Non-Filter Kin Size Soft Pack 

SF Red 100's Box 

SF Blue 100's Box · 

SF Gra 1OO's Box 

SF Menthol Dark Green 1OO's Box 

SF Ment ol Pale Green 1 00's Box 

Estimated sales fi ures for Fiscal Year 2019 ·· ~ ·~ ~~ ~~ 

SF Menthol Dark Green Kin Size Box 

SF Red 100's Box 

SF Blue 100's Box 

SF Gra 100's Box 

SF Menthol Dark Green 1 00's Box 

SF Menthol Pale Green 1 OO's Box 
l> 

so 

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r 

+ 

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Kl NG~ 

200 CLASS A CIGARETTE 

m 

~ KINGS FSC 

SURGEON GENERAL'S WARNING: Smoking By 200 CLASS A CIGARETTES Pregnant Women May Result in Fetal Injury, MFD UNDER LICENSE BY Premature Birth, And Low Birth Weight. -- NASCO PRODUCTS, LLC 

MOCKSVILLE, NC 27028 

,, J ,,,/ FOR 

©Smoker Friendly International LLC 8 111159291 11 00501 1111 6 .........-- '-______,/ ,c[- Boulder, CO 80301 ~'" .... 

S3ll3l:IV01:) V SSVl:) OOl 

S~NI~ ~ 
United States of America 

FEDERAL TRADE COMMISSION 

Washington, D.C. 20580 

Division of 

Advertising Practices 

November 26, 2019 

Ms. Karen E. Delaney 

NASCO Products, LLC 

321 Farmington Road 

Mocksville, NC 27028 

Dear Ms. Delaney: 

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

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

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

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

proposed plan filed by NASCO Products, LLC ("NASCO") dated November 13, 2019, calling 

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

packaging for certain varieties ofthe SF brand of cigarettes. 

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

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

your November 13, 2019 letter appear to meet the requirements ofthe Cigarette Act in force as 

ofthe date of this letter for size and conspicuousness. 1 

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

packaging is hereby approved for the following eleven varieties of the SF brand: Red Box 

(Kings and l00's), Blue Box (Kings and lO0's), Gray Box (Kings and l00's), Menthol Dark 

Green Box (Kings and l00's), Menthol Pale Green Box (Kings and l00's), and Non-Filter Kings 

Soft Pack.2 

1 NASCO stated in its November 13, 2019 letter that it intends to run out its existing 

inventory ofpreviously approved packaging for the SF brand. 

2 As set forth in its November 13, 2019 letter, NASCO is using colors to identify its 

cigarette varieties (e.g. , "Menthol Dark Green l00's Box"). We note that the color names and 

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

not appear on the packaging ofthe "Menthol Dark Green l00's" variety); however, the color 

used for a variety's packaging does conform to the color used in its name. 
Ms. Karen E. Delaney 

November 26, 2019 

Page 2 

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

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

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

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

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

enactment 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 NASCO's cigarettes. Nor does this letter purport to interpret 

or express any opinion about the adequacy ofNASCO'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 

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. 

This approval is effective on the date of this letter and runs through November 25, 

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 Samuel Baker at 

(202) 326-2651. 

Very truly yours, 

Digitally signed by MARY 

MARY ENGLE~~~~~o19.11.261s:03:41 

-05'00' 

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. 

3