Turning Point Brands (TPB) and Standard Diversified (SDI) announced that the merger of SDI with and into Standard Merger Sub, a wholly owned subsidiary of TPB, closed on July 16, 2020.
Pursuant to the merger, each share of SDI’s Class A common stock and SDI’s Class B common stock issued and outstanding immediately prior to the effective time of the merger was converted into the right to receive 0.52095 shares of TPB’s voting common stock.
As a result of the merger, the SDI common stock has ceased trading on, and is being delisted from, the NYSE American.
“The transaction significantly improves the public float of our shares outstanding and eliminates the overhang of a controlling holding company structure,” said Bobby Lavan, TPB’s chief financial officer. “We are excited to welcome all of the new shareholders and thank our existing shareholders that participated in the related secondary offering.”
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PMI Campaigns Against Cigarette Litter
Philip Morris International (PMI) launched “Our World is Not an Ashtray,” a new global initiative to raise awareness and drive a long-term change in behavior and attitudes around cigarette-butt littering.
The initiative supports PMI’s litter reduction target to achieve a 50 percent reduction of the plastic litter from its products by 2025 (vs. 2021 baseline). The initiative, launched on WorldNoAshtray.com, aims to educate the public about the environmental impact of cigarette-butt littering and inspire adult smokers to change littering habits.
“We seek to make cigarette-butt littering socially unacceptable,” said Huub Savelkouls, chief sustainability officer at PMI. “‘Our World is Not an Ashtray’ is an important initiative in our multipronged approach to addressing this important issue.”
To track progress against its goal, PMI is working with three organizations—Litterati, Cortexia, and CARTO—to implement a data-driven approach and assess the prevalence of cigarette-butt litter across the globe; identify litter hotspots; and monitor the impact of anti-littering activities. A pilot assessment will take place this summer in a pilot city before being rolled out in representative countries across the world in 2021 as part of a five-year assessment.FDA Orders Retailers to Stop Selling 13 Products
The U.S. Food and Drug Administration (FDA) on July 16 ordered retailers to cease selling 13 tobacco products that received nonsubstantially equivalent orders. These 13 products, which are deemed “misbranded and adulterated” by the FDA, include:
- Camel Sticks Mint, Viceroy Flex, Camel Strips Mint and Camel Orbs Mint from R.J. Reynolds Tobacco Co.
- Skoal Smooth Mint Tobacco Stick, Skoal Rich Tobacco Stick, Skoal Mint Tobacco Stick and Skoal Original Tobacco Stick from U.S. Smokeless Tobacco Co.
- Union Full Flavor 100’s Box, Union Gold 100’s Box, Union Platinum 100’s Box, Union Menthol 100’s Box and Union Menthol Gold 100’s Box from Heritage Tobacco.
The FDA added that any retail with remaining inventory should work with the product manufacturer or supplier to discuss options for disposing of the products.
In response to the FDA announcement, R.J. Reynolds said that the FDA order has no impact on the company as the three brands listed have not been sold since 2013. R.J. Reynolds spokeswoman Kaelan Hollon said July 16, “We received the FDA’s orders earlier this year. Given these products have not been commercially sold in several years, these orders will have no commercial impact.”
Zyn Boosts Swedish Match’s Second Quarter
Swedish Match reported a strong second quarter, driven largely by sales of its Zyn tobacco-nicotine pouches in the United States.
In local currencies, Swedish Match’s sales increased by 11 percent for the second quarter. Reported sales increased by 11 percent to SEK4.13 billion ($457.18 million).
In local currencies, operating profit from product segments) increased by 19 percent for the second quarter. Reported operating profit from product segments increased by 17 percent to SEK1.7 billion.
Operating profit amounted to SEK1,67 billion for the second quarter. Profit after tax amounted to SEK1,23 billion for the second quarter.
According to Swedish Match, the second quarter financial performance was negatively affected by Covid-19 impacts.
“The strength of the second-quarter performance was largely attributable to the continued success of Zyn in the U.S., with shipments in the first half of the year already exceeding total shipments for 2019,” said Lars Dahlgren, CEO of Swedish Match.
“Shipment volumes for our Scandinavian smokefree business declined in the quarter versus the prior year as deliveries to travel retail and border trade outlets were severely impacted by COVID-19 travel restrictions.”
Essentra Settles Case Over North Korea Trade
Essentra FZE Co., a subsidiary of Essentra PLC incorporated in the United Arab Emirates, has agreed to pay a $665,112 fine and enter into a deferred prosecution agreement with the U.S. Department of Justice (DOJ) for conspiring to violate the International Emergency Economic Powers Act and defrauding the United States in connection with evading sanctions on North Korea, according to a DOJ news announcement.
The public filing against Essentra FZE is the first-ever Department of Justice corporate enforcement action for violations of these regulations. Essentra FZE has also entered into a settlement agreement with the U.S. Treasury Department’s Office of Foreign Assets Control.
“This is an important case as it demonstrates the FBI will not hesitate to hold businesses accountable for violating sanctions involving North Korea,” said Alan E. Kohler Jr, assistant director of the FBI’s counterintelligence division. “We will aggressively go after enterprises using front companies, false documents, or other illegal methods to evade sanctions. We want North Korea and private industry to know that efforts to dodge our laws will never be tolerated as business as usual.”
According to admissions and court documents, beginning in at least October 2017 and continuing until at least December 2018, Essentra FZE deceived banks in the U.S. and in the UAE into processing transactions for a North Korean tobacco company. Essentra FZE and its co-conspirators utilized financial cutouts and front companies to conceal the North Korean nexus, as well as falsified shipping records, according to the DOJ.
In a statement published on its website, Essentra PLC said none of the transactions were approved or known by senior management outside of the UAE and both employees have since been exited from the business.
“A very thorough and in-depth investigation has been carried out to fully understand the root cause of the issues we have seen,” said Paul Forman, CEO of Essentra PLC. “We have made a very significant investment of both time and money, which has now equipped us with enhanced protection against any potential future issues of this nature.”
Court Upholds Verdict Against Reynolds
A three-judge panel of the 3rd District Court of Appeal from South Florida on July 15 upheld a $7.25 million verdict against R.J. Reynolds Tobacco Co. (RJR) in a lawsuit filed by a man who smoked two packs of cigarettes a day by age 17 and later suffered from coronary artery disease.
The panel rejected RJR’s arguments that the plaintiff had not proven an allegation related to the tobacco company fraudulently concealing the dangers of smoking. The appeal came after a Miami-Dade County jury awarded $5 million in compensatory damages and $2.25 million in punitive damages to the plaintiff.
“In sum, not only did [the plaintiff] Rouse present evidence that he was exposed throughout his life to the tobacco companies’ broad-based, misleading advertising campaign, he also testified that his decision to smoke Winston filtered cigarettes was influenced by the way the tobacco companies promoted filtered cigarettes in their advertisements,” the panel said in a statement.
“From this evidence, a reasonable jury could have inferred that Rouse might have never started smoking Winston filtered cigarettes or would have quit earlier had he known true facts about filtered cigarettes.”
Zimbabwe Leaf Sales Earnings Up
Zimbabwe earned $326 million from the sale of 135.42 million kilograms of tobacco leaf since the beginning of the selling season in April, according to statistics from the industry regulator.
The Tobacco Industry and Marketing Board said the sales as of July 12 were about 18.36 percent higher than the same period last year, which stood at $275.69 million. The crop sold at an average price of $2.41 per kilogram, higher than the $1.84 during the same period last year.
South African Tobacco Ban Back in Court
The North Gauteng High Court heard an appeal by the Fair-Trade Independent Tobacco Association (FITA) against the ban on tobacco products.
The court previously dismissed a case by FITA that argued the ban of cigarette sales was “irrational.” The government’s argument was that smoking could lead to more coronavirus cases and potentially death, but FITA argued the issue was not limited to cigarettes.
Appeal proceedings began Wednesday morning via Zoom. Arnold Subel argued on behalf of FITA, stating that banning tobacco products is based on “low-quality evidence” and that the ban would not have a significant effect on smoking in South Africa.
FITA is hopeful that the court will rule in its favor. “The judgment will be delivered by the course of next week, and we are hoping to have the judgment by next Friday,” said Sinenhlanhla Mnguni, FITA chairperson. “At this point in time, it’s a question of waiting a week or so.”
Medicago Starts Human Trials of Covid Vaccine
Medicago, a Quebec-based biotechnology company backed by Philip Morris International as well as other large investors, has begun human testing for its Covid-19 vaccine, reports Bloomberg.
The vaccine is derived from the plant nicotiana benthamiana, a close relative to tobacco, to provoke an immune response to the virus.
Medicago’s human trials will involve 180 patients ages 18 to 55. It will test various doses of the vaccine, both alone and combined with two adjuvants—one from GlaxoSmithKline and another from Dynavax Technologies.
If the trial is successful, Medicago plans to start late-stage trials in October and manufacture 100 million doses by the end of next year.
Puff Bar Suspends Sales in the United States
Puff Bar has “ceased all online sales and distribution in the U.S. until further notice,” according to its website. International sales will continue for now.
The California-based e-cigarette company has come under scrutiny lately for replacing Juul as the vape of choice among young people as Juul Labs discontinued some of its flavored products.
Puff Bar comes in more than 20 flavors, including pina colada and pink lemonade. Although the Trump administration banned fruit, mint and dessert flavors in refillable cartridge-based e-cigarettes like Juul earlier this year, it exempted brands that are used once and thrown away.
Launched last year, Puff Bar has been the key beneficiary of the decision to exempt disposables form the flavor ban. Juul’s business, by contrast, has shriveled since it restricted sales in the United States to tobacco and menthol varieties last fall.
When the FDA started regulating e-cigarettes, it permitted the continued sale of products that were on the market as of Aug. 8, 2016, pending agency review. Because Puff Bar was introduced after that date, the agency should have the authority to remove it even though the product is disposable and even if the FDA cannot prove the company is targeting youths.
The exception would be if Puff Bar had already been on the market before the 2016 deadline, under a different name or sold by another company.
Much remains unknown about Puff Bar. For example, it is unclear who owns the company, according to FairWarning. A document filed with the California Secretary of State lists Patrick Beltran as the chief financial officer and Nick Minas as the CEO, but both men have stated that despite their titles, they are in charge only of running the company’s website.
While online U.S. sales have been suspended for now, Puff Bar products are still available on other ecommerce sites, such as Eliquidstop, which is owned by Minas and Beltran. Puff Bars can also still be found at numerous convenience stores throughout the U.S.