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Tag: ITG Brands

  • Nicotine Market Shares Flat in December

    Nicotine Market Shares Flat in December

    Tobacco Reporter Archive

    Consumer demand for nicotine products has fluctuated due to inflation and rising cigarette prices over the past 13-19 months. However, the Neilsen report covering the four-week period ending Dec. 30 shows that market shares are holding steady for both next-generation and traditional tobacco brands.

    The market share of R.J. Reynolds’ top-selling Vuse e-cigarette remained flat at 42 percent in December at convenience stores, according to the report. While Vuse’s market share was unchanged, No. 2 Juul dropped from 24.3 percent to 24.2 percent for the report covering the four-week period ending Dec. 30.

    As recently as May 2019, Juul held a 74.6 percent share in the U.S. electronic cigarette market. That’s when a series of regulatory actions led to product-reduction concessions, according to media reports.

    Meanwhile, Altria Group’s ownership of No. 3 NJoy hasn’t resulted in a meaningful market-share increase so far. Nielsen cited a research error by why it did not include an update for NJoy in the latest report. It was at 2.6 percent in the previous report.

    Fontem Ventures’ blu eCigs, an affiliate of Imperial Brands Plc, was unchanged at 1.2 percent.

    The overall e-cigarette category was down 9.9 percent.

    In traditional cigarettes, Philip Morris’ top market share was at 50.6 percent in the latest Nielsen report with top-selling Marlboro representing 45.6 percent of overall market share.

    Meanwhile, Reynolds was at 33.2 percent with Newport at 12.9 percent and followed by Camel (7.8 percent), Natural American Tobacco (3.7 percent) and Pall Mall (3.7 percent).

    ITG was at 8.5 percent overall, although ITG has said its market share is closer to 10 percent. Its No. 7 Winston brand remained at 2 percent, while Kool and Maverick remained tied for No. 8 at 1.8 percent.

    Goldman Sachs analyst Bonnie Herzog said that “in terms of specific company trends, total nicotine sales declines improved across the board for Altria, BAT, Imperial and Juul, while decelerating for all other manufacturers broadly in the latest period.”

    The decline in cigarette sales continues at a strong pace, said David Sweanor, an adjunct law professor at the University of Ottawa and the author of several e-cigarette and health studies.

    “Yet, as Altria results showed and Barclays recently highlighted, much of this is due to cross-category migration,” Sweanor said.

    “People are switching to far lower-risk options. But disposable vaping products appear to currently be the greatest factor in this migration.”

    TD Cowen analyst Vivian Azer said consumers’ cigarette “downtrading to discount and deep discount continues to benefit Imperial’s share trends.”

  • NASCAR Museum Shut Following Lawsuits

    NASCAR Museum Shut Following Lawsuits

    Image: fabioderby

    An independently owned NASCAR museum in Winston-Salem, North Carolina, USA, has closed following lawsuits from ITG Brands after it bought the Winston name in 2015, according to The Drive.

    In 2019, ITG launched a series of lawsuits against Will and Christy Spencer, who owned the Winston Cup Museum. ITG’s lawsuits, according to a court filing from the Spencers, stated that the company felt the “purchase of Winston Cigarettes from R.J. Reynolds Tobacco Co. in 2015 somehow gave it ownership of Winston Cup history” and that ITG felt the museum was “infringing on their ability to market their cigarettes to racing fans.” Because ITG owns the Winston brand, the company argued that it owned the Winston-branded artifacts the museum possessed.

    The claims were dismissed twice.

    In July, the museum temporarily closed with a plan to rebrand as the Ralph Seagraves Memorial Museum upon reopening. However, the couple decided it was not financially viable.

    “After the past couple of years, we just can’t afford to keep it open and we’ve got to reinvent ourselves,” Christy Spencer said. “We’ve spent the past couple of years dealing with this litigation and so now the time has come to move forward. It’s just not feasible for us to continue to operate the museum.

    “The museum has never been a money generator. It was never designed to be a revenue generator; [it] was really a way to fuel Will’s passion for the motorsports industry and give hardcore race fans a place to come and see some unique pieces of history.”

    A large part of the collection will go to Mecum Auctions in Kissimmee, Florida, in early January.

  • Firms Start Posting Warning Statements

    Firms Start Posting Warning Statements

    Photo: Krakenimages.com

    Altria Group, R.J. Reynolds Tobacco Co. and ITG Brands have started posting warning signs about cigarette smoking in more than 200,000 stores across the United States, reports CNN. The move represents one of the final steps in a lawsuit the Justice Department filed against the tobacco industry in 1999.

    The signs include court-specified statements such as “Smoking kills, on average, 1,200 Americans. Every day.” They must be posted until June 30, 2025, in “highly visible places” in English and also Spanish in regions with significant numbers of Spanish speakers.

    The postings come after years of dispute following U.S. District Court Judge Gladys Kessler’s judgment in 2006, when the tobacco companies were first ordered to make the corrective statements. The landmark judgment found the industry defendants guilty of lying about the dangers of cigarettes and secondhand smoke.

    The defendants lied “about the devastating health effects of smoking and environmental tobacco smoke, they suppressed research, they destroyed documents, they manipulated the use of nicotine so as to increase and perpetuate addiction, they distorted the truth about low tar and light cigarettes so as to discourage smokers from quitting, and they abused the legal system in order to achieve their goal—to make money with little, if any, regard for individual illness and suffering, soaring health costs, or the integrity of the legal system,” Kessler said in her final opinion.

    R.J. Reynolds said these corrective statement signs appear on its website and had previously appeared in newspapers, television, radio and on pack inserts. “The tobacco industry has evolved considerably since this lawsuit was filed nearly 25 years ago, back in 1999,” a company spokesperson said. “Today, Reynolds American Inc. and its operating companies have a clear purpose to build ‘A Better Tomorrow’ by reducing the health impact of our business.”

  • ITG Liable for Florida Settlement Payments

    ITG Liable for Florida Settlement Payments

    Photo: niroworld

    ITG Brands assumed liability for tobacco settlement payments to Florida when it acquired four Reynolds American brands in 2015, a Delaware judge ruled, according to AP. As a result, ITG must compensate Reynolds American Inc. for losses incurred.

    ITG bought the Kool, Winston, Salem and Maverick brands in 2014. Before the sale closed, R.J. Reynolds Tobacco Co. was making payments under a preexisting settlement agreement to reimburse Florida for smoking-related healthcare costs. After the deal closed, Reynolds stopped making payments for the four brands.

    The purchase agreement required that ITG use reasonable best efforts to join the Florida settlement and make payments to the state for the brands it acquired from Reynolds. However, ITG has not joined the settlement agreement or made any payments.

    Florida sued Reynolds and ITG, which ended with a judgment requiring Reynolds to continue paying on the settlement agreement unless and until ITG joins the agreement.

    “That judgment on Reynolds amounts to over $170 million to date and tens of millions of dollars more each year into perpetuity,” noted Vice Chancellor Lori Will. The “unambiguous terms” of the asset purchase agreement support Reynolds’ arguments that ITG agreed to assume the liability imposed by the Florida judgment and must indemnify Reynolds, she concluded.

  • Tobacco Firms Settle Messaging Dispute

    Tobacco Firms Settle Messaging Dispute

    Several tobacco companies have reached an agreement in long-running litigation brought by the U.S. Department of Justice (DOJ) and certain public health organizations regarding the communication of tobacco-related messaging at retail locations.

    The agreement will require Altria, Philip Morris USA, R.J. Reynolds Tobacco and ITG Brands to supply their contracted stores with court-ordered signs that must be posted for 21 months.

    The agreement covers the last remaining dispute from the lawsuit DOJ filed against Altria, Philip Morris USA and R..J Reynolds in the 1990s, according to the National Association of Convenience Stores (NACS).

    “This litigation has always put the retailers in a uniquely bad position,” said Doug Kantor, NACS general counsel. “Retailers were not parties to the lawsuit and should not be burdened with a court-ordered remedy, but this negotiated outcome avoids even worse results that DOJ and public health groups were advocating.”

    The agreement provides that each store under contract with one of the manufacturers will have to post at least one sign carrying one of 17 different, pre-approved health messages that will be distributed at random to retailers around the country.

    Each store will be required to rotate to a new message halfway through the time period required in the agreement. The manufacturers will be required to hire auditors to check whether the signs are properly posted. A summary of the agreement explaining the requirements on retailers as well as answers to frequently asked questions about it can be found here.

    A hearing on the proposed agreement will be held in the U.S. District Court for the District of Columbia on July 28 and 29. The court will then decide whether to accept the agreement and enter an order to implement it.

    The timing of the requirements for signs to be posted will depend on when the court decides whether to accept the agreement.