Flavored cigar availability in Oakland after a partial ban.

OBJECTIVES: We report the continued availability of flavored cigars based on our analysis of discarded cigar wrappers collected in February 2019, after a partial flavor ban in Oakland, CA. METHODS: We collected 1,501 discarded cigar wrappers in a stratified random sample of census tracts (n = 15). Collected packages were cleaned, photographed, and coded for product type, brand name, pack size, flavor descriptor, and pricing details. RESULTS: More than half (58.5%, CI 95% = 50-67.1%) of the cigar wrappers collected were flavored. When controlling for product type, pack size, and brand, there were statistical differences in the presence of flavored tobacco products that align with census tract racial and ethnic demographics. The odds of finding flavored cigars in black/African American tracts census tracts were significantly higher (AOR = 2.13, p < .05) than in white (non-Hispanic) census tracts. We also found that wrappers for larger cigar packs (containing three or more cigars) (77.7%) were the most likely to be flavored. CONCLUSIONS: Flavored cigars continued to be wide available despite Oakland's partial ban on flavored tobacco products. Serious consideration is warranted for comprehensive bans on the sale of flavored tobacco products and ongoing surveillance to assess their availability.

Adoption of Tobacco 21: A Cross-Case Analysis of Ten US States.

Despite the recent push for Tobacco 21 legislation in the US and the national adoption of Tobacco 21, there is a paucity of data on the process of policy adoption. To explore the key factors that served as facilitators or challenges to the passage of state T21 laws that apply to the sale of all tobacco products to anyone under 21 years of age, we conducted a comparative, cross-case study in ten states that adopted Tobacco 21 between 2016 and 2019. Stakeholders from selected states were identified via snowball sampling, and interviews were conducted from November 2018 to March 2020. Three primary factors emerged as facilitators to the passage of state T21 laws: (1) increased attention on e-cigarettes as the product driving an overall increase in youth tobacco use and depiction of an "e-cigarette epidemic", (2) having at least one influential policy entrepreneur or champion, and (3) traction from other states or local municipalities passing T21 legislation. Challenges to T21's success included (1) influence of the tobacco industry, (2) the bill's low ranking among legislative priorities, and (3) controversy among advocates and policymakers over bill language. As e-cigarette rates spiked, T21 bills became legislative priorities, traction from other successful efforts mounted, and ultimately, the tobacco industry flipped from opposing to supporting T21 laws. Despite these favorable headwinds, advocates struggled increasingly to pass bills with ideal policy language.

Availability of menthol cigarettes in Oakland, California after a partial flavor ban.

This study measures the availability of menthol cigarettes in Oakland, California where such products were banned from the majority of tobacco retailers, except for those who sold a significant amount of tobacco (e.g., 60% gross income). Out of a total of 385 retailers in Oakland, only forty-eight retailers were exempt from this ban at the time of data collection. In February 2019, seven months after the ban went into effect, we selected a stratified random sample of 15 census tracts, based on race/ethnicity. In pairs, data collectors walked on opposite sides of the street and collected all discarded cigarette packs (n = 641) from the streets and sidewalks on weekdays. Overall, we found almost half (46.0%; 95% CI = 32.6%-59.3%) of the packs collected were menthol, with Newport as the dominant brand. We found at least one pack of menthol cigarettes in 14 of the 15 sampled census tracts. In predominantly black/African American census tracts, the proportion of menthol cigarettes collected was significantly higher (70.1%; 95% CI = 62.6%-77.7%) when compared to mixed race/ethnicity (55.9%; 95% CI = 41.0-70.9%) and white tracts (35.1%; 95% CI = 13.2%-57.1%). Finally, there was a moderate and negative correlation between distance to exempt tobacco retailer and menthol availability (r = -0.66, p < .05). The proportion of menthol cigarette packs decreased the further away census tracts were from exempt tobacco retailers. Results from this study lend support that partial bans provide disproportionate availability of menthol cigarettes in black/African American census tracts. Complete bans may help eliminate disparities associated with menthol cigarette use across communities.

Identifying Counterfeit Cigarettes Using Environmental Pollen Analysis: An Improved Procedure.

Traditional pollen preparation techniques provide clear residues for pollen identification; however, such methods are time-consuming, requiring repeated centrifugation, heating, and digestion with high-concentration hazardous chemicals. Tobacco leaves can effectively trap environmental pollen due to hairy surface and terpene-rich exudates. A new tobacco sample processing method was developed by using different extraction chemistry with surfactant. Marlboro Gold cigarettes were employed as model samples for method development. Parameters critical for pollen extraction, which include number of cigarette sticks used, extraction solution, and extraction temperature, were optimized. By using 1% dishwashing detergent to treat three cigarettes at room temperature, the improved method was able to recover sufficient pollen for microscopic analysis in three repeated centrifuge-washing steps and omit hazardous chemicals involved in traditional methods. We focused on the pollen of common ragweed (Ambrosia artemisiifolia), a plant native to North America, as an indicator to differentiate genuine and counterfeit U.S. brand cigarettes. Results from analyzing randomly purchased genuine (authenticated by forensic examination) and known counterfeit Marlboro Gold provided by law enforcement revealed that a significant amount (39%) of Ambrosia were consistently present in all genuine samples, while counterfeit contained none or only trace count. Similar results were found in other counterfeit U.S. brand cigarettes (all seized in the U.S.) involved in this study as well. Lack of Ambrosia in cigarette strongly indicates the product was not originated in the United States.

Changes in Tobacco Product Advertising at Point of Sale: 2015-2018.

OBJECTIVES: Tobacco point-of-sale advertising, particularly in retailers surrounding schools, is associated with youth tobacco use and must be monitored. This study examines how the point-of-sale environment surrounding youth changed over time with regard to diverse tobacco products. METHODS: Each spring from 2015 to 2018, research staff visited the same tobacco retailers (n = 141) within a half-mile of New Jersey high schools. For cigarettes, cigars, electronic cigarettes, and smokeless tobacco, advertisement presence, volume, and share of advertising voice (SAV) were measured for both the exterior and interior of the store. Analyses examined changes over time by product, controlling for store type and poverty. RESULTS: Over time, exterior cigarette advertisements declined in presence (61% to 49%) and SAV (50% to 40%), whereas interior advertisements maintained stable presence, volume, and SAV. In contrast, cigar advertisements increased in presence (exterior 11% to 23%; interior 19% to 30%) and volume (exterior mean 0.2 to 0.5; interior 0.3 to 0.8). For electronic cigarettes, exterior and interior advertising presence, volume, and SAV decreased from 2015 to 2017 but increased in 2018. Smokeless tobacco advertising was infrequent and stayed consistent except in volume in the interior of stores (mean 0.2 to 0.3). When there were any differences by store type, chain convenience stores had the most exterior and interior advertising for all products. CONCLUSIONS: The longitudinal changes observed for each product's advertising reflect national youth use rates of the corresponding products. The point-of-sale environment around schools may be influencing youth tobacco use and must be monitored and regulated.

Categorising characteristics of counterfeit Marlboro cigarettes: a systematic review of tobacco industry documents.

BACKGROUND: There is scant research on methods used to identify counterfeit Marlboro cigarettes. METHODS: Systematic analysis of internal tobacco industry documents characteristics of counterfeit Marlboro cigarettes. RESULTS: In the industry documents we identified as relevant, there were 42 characteristics of counterfeit Marlboro cigarettes. Overall, physical characteristics (88.1%) were the most commonly identified features across all locations, with the pack blank, cardboard shell of the cigarette pack, as the dominant site (30.9%). Some of the physical characteristics included offset lithography printing, incorrect font and colour. Overall, light microscopy was identified as the main method of forensic analysis for detecting counterfeits. CONCLUSION: Independent researchers employing litter pack and pack swap surveys are encouraged to use the characteristics identified in the study to gauge the prevalence of counterfeit Marlboro cigarettes and compare against industry estimates.

A discarded cigar package survey in New York City: indicators of non-compliance with local flavoured tobacco restrictions.

INTRODUCTION: In 2009, New York City (NYC) restricted the sale of flavoured tobacco products. We assessed product availability as a proxy for potential non-compliance by analysing discarded cigar, cigarillo and blunt wrap packages in New York City. METHODS: A discarded cigar package survey was conducted in 2016, in a stratified random sample of 94 block groups in NYC resulting in the collection of 886 discarded cigar packages. Each package was coded for brand name, flavour description (explicit and implicit) and size. FINDINGS: Overall, 19.2% of the cigar packages were explicitly flavoured. An additional 9.4% of the packages reflected implicit flavours. Explicit flavoured cigar packages were at increased odds of being found in Staten Island (adjusted OR (AOR)=3.96, 95% CI=1.66 to 9.46), in packaging size of two or three (AOR=8.49, 95% CI=4.24 to 17.02) or four or more (AOR=4.26, 95% CI=1.95 to 9.30). CONCLUSION: Nearly one out of three cigar packages were flavoured products suggesting a problematic level of non-compliance and continued availability. Potential non-compliance is likely fueled by licensed wholesalers and retailers who continue to sell restricted flavoured products. Some retailers may be unaware that implicitly named cigars are typically flavoured and are, therefore, illegal. This lack of awareness of implicit flavoured cigars may be exacerbated by NYC's lack of education or enforcement specific to implicitly flavoured tobacco products.

Examination of Voluntary Compliance with New FDA Cigar Warning Label Requirements.

OBJECTIVES: The US Food and Drug Administration (FDA) issued new requirements to strengthen and increase the size of cigar warnings. Although these requirements were challenged in court by the cigar industry, and later struck down, cigar manufacturers had the option of voluntarily complying during the injunction. In this study, we examined voluntary warning compliance on a sample of discarded cigar wrappers. METHODS: Warnings were examined on a sample of 1352 discarded cigar wrappers and packs obtained from 15 census tracts in Oakland, California in February 2019. Warnings were coded for new requirement compliance (ie, sized at 30% or more on front and back of pack). RESULTS: Overall, 67.3% of wrappers displayed compliant warnings - other wrappers had smaller warnings only on the front (30.6%), only on the back (1.5%) or no warning (0.4%). Cigar warning placement was significantly associated with brand (p < .01), cigar type (p < .01), and unit size (p < .01). The prevalence of warning compliance was at least 90% for 6 brands but ranged from 0% to 65% for others. Compliance was lowest for cigarillos (62.1%) and packs of 3 (27.6%). CONCLUSIONS: Strengthening cigar warnings can help increase their effectiveness, but cigar manufacturers may not voluntarily implement changes fully. Continued surveillance and renewed regulatory efforts are warranted.

Presence of Counterfeit Marlboro Gold Packs in Licensed Retail Stores in New York City: Evidence From Test Purchases.

BACKGROUND: There are no independent studies measuring the availability of premium brand counterfeit cigarettes in New York City from licensed retailers. METHODS: We forensically analyzed the cigarette packaging of Marlboro Gold (n = 1021) purchased from licensed tobacco retailers in New York City, using ultraviolet irradiation and light microscopy to determine whether they were counterfeit. RESULTS: We find that while only 0.5% (n = 5) of our sample exhibits at least one characteristic synonymous with counterfeit packaging, none of our packs can be conclusively classified as counterfeit. CONCLUSIONS: We do not find any counterfeit Marlboro Gold packs purchased at full price from licensed cigarette retailers throughout New York City. Future research using test purchases should include other venues (eg, street and online) and specifically ask for discounts to ascertain the overall presence of counterfeit cigarettes. IMPLICATIONS: This is the first study to independently measure the availability of counterfeit cigarette packs purchased at full price from licensed retailers in New York City. We find that none of the Marlboro Gold packs purchased from licensed cigarette retailers are counterfeit.

Innovations in counterfeiting tax stamps: a study of ultraviolet watermarks in a sample of discarded New York City packs.

OBJECTIVE: Document the use of ultraviolet watermark in counterfeit joint New York City/New York State cigarette tax stamps to assess the scale at which distributors of illegal cigarettes adapt to measures protecting the integrity of the system of tobacco tax collection. METHODS: In 2016, we collected 2357 empty discarded cigarette packs along a stratified random sample of block groups in New York City (n=114) and analysed 449 joint New York City/New York State tax stamps using long wave ultraviolet irradiation, light microscopy and taggant testers developed by the tax stamp manufacturer, Meyercord Revenue, to determine whether the tax stamps were counterfeit and how they differed from their genuine equivalent. FINDINGS: 23% (n=102) of the joint NYC/NYS tax stamps examined were counterfeit. Subsequent investigation revealed that almost two-thirds (n=58) of the counterfeit sample bore ultraviolet watermark that closely resembled genuine tax stamps in terms of fluorescence, watermark colour and wording. However, microscopic findings revealed that counterfeit tax stamps mismatched the genuine ultraviolet watermark in regards to font style and word orientation. CONCLUSION: Counterfeiters are using ultraviolet watermarks which makes it difficult to differentiate counterfeit joint New York City/New York State tax stamps from their genuine equivalent when UV irradiation is used as the sole screening tool. Innovations in counterfeiting technology may be the result of fluorescent ink being available for purchase in the mainstream market. Independent monitoring of trends in the illicit market for tobacco products is advised to keep apace of counterfeiting methods.

"I'm gonna get me a loosie" Understanding single cigarette purchases by adult smokers in a disadvantaged section of New York City.

This study seeks to update and expand our understanding of the perceptions and purchasing patterns of smokers of single cigarettes ('loosies') in disadvantaged urban areas. Semi-structured guides were used in thirteen focus groups with 67 self-identified adult smokers from the South Bronx section of New York City in summer 2013. There is wide availability of single cigarettes in the South Bronx, with legitimate stores overwhelmingly being the preferred venue for purchases. Single cigarettes are sold at higher per-unit prices than illicit packs. However, buyers of single cigarettes can achieve cost savings compared to legal, fully taxed cigarette packs. Apart from cost-savings, smokers opt for single cigarettes to reduce their personal cigarette consumption. There is a general perception of market resilience despite law enforcement intervention. However, law enforcement has a limiting effect on access to single cigarettes outside of an individual smoker's immediate neighborhood. The findings suggest that single cigarette sales are an important element of the illicit cigarette market in disadvantaged communities which should not be ignored in future research on the nature and extent of cigarette tax avoidance and evasion.

Identifying counterfeit cigarette packs using ultraviolet irradiation and light microscopy.

OBJECTIVES: Develop a method that yields high rates of sensitivity and specificity for determination of counterfeit cigarette packs for three popular brands: Newport, Marlboro ('Red') and Marlboro Gold. METHODS: Using systematic keyword searches, we identified industry documents from the University of California, San Francisco's Legacy Tobacco Documents Library that describe the use of ultraviolet (UV) irradiation and close examination of printing quality to distinguish between counterfeit and genuine cigarette packs. Guided by these documents, we identified six markers for counterfeit cigarettes across three popular brands using counterfeit cigarette packs (N=68) seized by law enforcement agencies in the USA. We assessed the diagnostic test accuracy of these markers and tested it against genuine packs (N=22) using receiver operating characteristic curves analysis. RESULTS: We find that counterfeit cigarette packs fluoresce to long-wave UV irradiation and display poor printing quality. The optimal cut-off value varies among the three brands. For example, counterfeit Newport and Marlboro packaging can be reliably classified with two of six characteristics, while Marlboro Gold requires four. CONCLUSIONS: Researchers who conduct littered pack and pack swap studies are urged to include this method to assess the share of counterfeit cigarettes, and compare the result against tobacco industry figures.

Spring Breaks and Cigarette Tax Noncompliance: Evidence From a New York City College Sample.

OBJECTIVE: Estimate cigarette tax noncompliance (tax avoidance and evasion) before and after mid-semester recesses in a New York City college campus, where the majority of students are residents of nearby lower-tax states, using data derived from garbology, an archaeological method that reconstructs patterns of human behavior from discarded materials. DESIGN: We systematically divided the college campus into four geographic areas and established a total of 12 transects (survey lines) and five quadrats (survey spheres) in those areas to encompass 74 outdoor trash cans. Weekly collections of discarded cigarette packs (n = 174) in the four areas during Spring 2012 and 2013 were conducted to quantify the percentage of cigarette packs that were tax noncompliant. RESULTS: Overall, we find that 72.4% of the cigarette packs collected in Spring 2012 and 2013 did not bear the required joint New York City and New York State tax stamp. Additionally, we find that cigarette tax avoidance significantly increased after recesses (mid-March and early April) in Spring 2012 and subsequently declined. We also find that packs with a Virginia tax stamp became more prevalent as time elapsed after each recess. CONCLUSION: College students practice tax avoidance, drawing on legal purchases from their own home states as the primary source of cheap cigarettes. As stocks decline, some students shift to tax evasion by illegally purchasing cigarettes in New York City that have been bootlegged from low tax states (eg, Virginia). IMPLICATIONS: Our study adds to the growing literature on cigarette tax noncompliance (ie, tax avoidance and evasion). First, we provide evidence that college students in our New York City sample avoid the payment of taxes in high tax states by purchasing low taxed cigarettes in their home state. Second, we find that once those sources are depleted, students find access to the black market nearby campus. This black market functions through cigarette tax evasion: the resale of cigarettes purchased in low tax states. Our study suggests that institutions of higher education operating in states with high cigarette taxes and a student body that resides in lower tax states should increase cessation services prior to breaks to discourage bulk purchases of cheap cigarettes.

Investigation of lead and cadmium in counterfeit cigarettes seized in the United States.

Information of toxic elements such as lead (Pb) and cadmium (Cd) in counterfeit cigarettes offers insight on the potential public health impact of consuming counterfeit cigarettes and the technology used by counterfeiters in the illicit cigarette trade. In this study, the concentration of Pb and Cd in twenty-three packs of counterfeit cigarettes seized in the US by various law enforcement agencies were evaluated and compared with their genuine equivalents using microwave digestion followed by inductively coupled plasma - mass spectrometry (ICP-MS) analysis. Both Pb and Cd concentration in counterfeit cigarettes were markedly higher than those in their genuine equivalents, and exhibited greater sample to sample variability. The average Pb and Cd mass fraction values in counterfeit cigarettes were (5.13 ± 2.50) mg/kg (n = 23) and (5.13 ± 1.95) mg/kg (n = 23) respectively, compared with (0.59 ± 0.08) mg/kg (n = 9) and (1.08 ± 0.08) mg/kg (n = 9) respectively in the genuine equivalents. Results suggest that counterfeit cigarettes may impose higher risks to public health. Studying these toxic elements could provide important information regarding the illicit trade, including the level of organization among counterfeiters, who broker between availability of supplies and consumer demand for a cheaper product that is assumed to be genuine.

The intended and unintended consequences of a legal measure to cut the flow of illegal cigarettes into New York City: the case of the South Bronx.

OBJECTIVES: We examined the impact of a change in New York tax law on the numbers of untaxed cigarettes bootlegged from Native American reservations and resold in the South Bronx. METHODS: Discarded cigarette packs were systematically collected in 30 randomized South Bronx census tracks before and after the amended tax law went into effect in 2011. Also, administrative data were gathered on the number of taxed cigarettes sold in New York State, including sales to Native American reservations. RESULTS: Before the tax amendment, 42% of discarded cigarette packs collected in the South Bronx had no tax stamp. After the tax law went into effect, the percentage of cigarette packs without tax stamps declined to 6.2%. Simultaneously, the percentage of packs with out-of-state tax stamps rose from 18.3% to 66.3%. The percentage of packs with a combined New York State and New York City tax stamp did not change after the tax amendment. CONCLUSIONS: After the tax amendment, the supply of contraband cigarettes appears to have quickly shifted from one lower-priced jurisdiction to another without a change in the overall prevalence of contraband cigarettes.

The illegal cigarette market in a socioeconomically deprived inner-city area: the case of the South Bronx.

OBJECTIVE: To determine the scope of the cigarette black market in a socioeconomically deprived inner-city area in the US, taking the South Bronx in New York City as a case study. DESIGN: The South Bronx Litter Pack Survey collected discarded cigarette packs (n=497) along 30 randomised census tracts to quantify the prevalence of counterfeit, legal and out-of-state tax stamps. RESULTS: It was found that 76.2% of cigarette packs collected avoided the combined New York City and State tax. More specifically, 57.9% were untaxed (counterfeit or bearing no tax stamp), for 15.8% taxes were paid outside of New York City (including other states and New York State only). Only 19.4% of tax stamps collected indicated that New York City and New York State taxes were paid. 4.4% of the cigarette packs could not be analysed because the tax stamps were not discernible. The finding that the majority of cigarettes did not have a tax stamp or bore a counterfeit tax stamp suggests that these cigarettes were being bootlegged, most likely from Native American Reservations. CONCLUSIONS: The present study highlights the importance of examining the illegal cigarette market in socioeconomically deprived regions of the US, where tax avoidance and black market activities appear to far exceed levels found elsewhere in the country including Chicago and New York City at large.