CT Joins Other States In Petitioning Feds To Halt Mislabeling Of Cigarettes

Attorney General Richard Blumenthal announced on June 6 that he, along with representatives from 38 other states and Guam, has petitioned the federal government to close loopholes that allow tobacco companies to sell cigarettes as “little cigars,” skirting taxes, other payments, health warnings, and advertising restrictions.

The petition was filed with the Bureau of Alcohol, Tobacco and Firearms (AFT) Tax and Trade Bureau.

“A cigarette by any other name is just as deadly,” Mr Blumenthal said. “Little cigars can be even more dangerous because they lure new smokers with lower prices — resulting from their evading taxes — and a false sense of security.

“Tobacco companies must not be allowed to evade taxes, health warnings, and advertising restrictions — as well as payments under the tobacco settlement — by mislabeling and misrepresenting cigarettes. A cigarette in a brown paper wrapper is still a cigarette — just as likely to cause illness and early death. They add flavors and advertise falsely. Stealth cigarettes must be subject to the same restrictions, rules and taxes.

“We urge the ATF to close this cavernous loophole,” Mr Blumenthal continued. “Inaction will only further light little cigar sales — already rising astronomically — eventually undermining hard-won decreases in smoking rates. If it lights like a cigarette and smokes like a cigarette with cigarette tobacco, it’s a cigarette, not a little cigar.”

Current law lets tobacco companies call cigarettes “little cigars” if they include some tobacco in the wrapper. Mr Blumenthal and the other states propose expanding the definition of “cigarette” to include products containing flue-cured tobacco, flavoring, sugar, and an integrated filter. Real cigars, by contrast, typically have no filters or flavoring, and contain only air-cured tobacco.

In addition, tobacco products that resemble cigarettes and are marketed and packaged as cigarettes should also be classified as cigarettes, Mr Blumenthal told the ATF.

Cigars are taxed at a lower rate than cigarettes, typically making so-called “little cigars” 20 to 25 percent cheaper than cigarettes and thus more accessible and appealing to children. The lower price is because federal taxes are lower on cigars and manufacturers do not have to make payments under the national tobacco agreement.

Cigars may also be sold in smaller amounts — as few as five to eight per package — making so-called “little cigars” cheaper and easier for underage smokers to buy.

Per-capita consumption of little cigars skyrocketed 65 percent between 2003 and 2005, with an increase of 42 percent between 2004 and 2005.

Joining in the petition are Alaska, Arizona, Arkansas, California, Delaware, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming.