Beginning September 22, 2009, a new FDA law (click here for previous CSP Daily News coverage) prohibits cigarettes with a characterizing flavor other than tobacco or menthol, but cigars are not covered by the FDA's new authority. The purpose of Kretek's action is to prevent the FDA from moving against Kretek's Djarum cigar products.
The Djarum cigars in question are the latest in a succession of clove cigar products distributed in the United States dating back to the 1990s. With the banning of market shipments of Djarum cigarettes, Kretek's cigars have taken on additional prominence with distributors and retailers, the company said.
In 2007, the current Djarum cigars were classified by the Tobacco Tax & Trade Bureau (TTB) of the U. S. Department of the Treasury as cigars under the code of federal regulations and an advanced ruling stating that they met the legal test as a cigar product was issued. The difference between cigarettes and cigars has been clearly defined by standing law for more than 30 years, said the company. This longstanding legal distinction between cigarettes and cigars was included as part of the new FDA law.
"We have made every effort to meet the letter and spirit of the law, and to ensure that these products are displayed in the cigar section of the tobacco counter. The Djarum product is clearly labeled as a cigar in at least seven places on the pack, in addition to clear merchandising messaging," said Kretek spokesperson John Geoghegan.
Moorpark, Calif.-based Kretek International is a privately held importing and marketing company with business concentrated in the specialty tobacco and OTP ("other tobacco products") categories. Kretek is the exclusive importer of Djarum cigars, Borkum Riff wood-tipped cigars and DjEEP lighters. It also imports Dreams cigars and Merci European style cigarettes, as well as Samuel Gawith, MacBaren and Dan pipe tobaccos. The company is a Subsequent Participating Manufacturer to the Master Settlement Agreement (MSA).
Members help make our journalism possible. Become a CSP member today and unlock exclusive benefits, including unlimited access to all of our content. Sign up here.