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IOWA DIRECTORY of CERTIFIED TOBACCO
PRODUCTS MANUFACTURERS
—THEIR BRANDS AND BRAND FAMILIES—
August 25, 2008
The Iowa Attorney General's Office and Department of Revenue are jointly responsible for enforcement of the State's tobacco laws.
The Iowa Directory of Certified Tobacco Product Manufacturers, published pursuant to Iowa Code Chapter 453D, lists all tobacco products certified by their manufacturers and approved for sale in the state of Iowa as of August 25, 2008.
Be advised that, ANY brand or product which is not listed on the Directory, and that is sold, offered for sale or possessed for sale, or imported for personal consumption in Iowa after that date, will be deemed contraband subject to seizure and forfeiture and will be destroyed.
IOWA-APPROVED BRANDS AND MANUFACTURERS
Click one of the following choices for the directory of Iowa approved Tobacco Products Manufacturers and their Cigarette Brands and Roll Your Own Tobacco Products.
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Each list includes the "brand families" that are allowed to be sold within Iowa. The term "brand family," as defined in
§ 453D.2(1) of the Iowa Code, means all styles sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including but not limited to, menthol, lights, kings, full flavor, and 100's.
CHANGE NOTIFICATION WILL BE SENT VIA E-MAIL
Additions and deletions to the Directory will be sent only via an e-list service. If you have not already done so, sign up on the Iowa Department of Revenue Web site. Then choose to subscribe to the Cigarette and Tobacco (IDRFCigaretteTobacco) list.
If a tobacco product manufacturer wishes to be added to these product lists, has questions about the certification process or forms, please e-mail Matt Gannon of the Iowa Attorney General's Office or call (515) 281-6709.
The Iowa Department of Justice issued the following notice dated July 9, 2003:
This letter provides you notice that the State of Iowa has obtained injunctions against certain Tobacco Product Manufacturers prohibiting the sale of their tobacco products in Iowa.
This is notice for you not to stamp for sale in Iowa any cigarettes or roll-your-own tobacco products manufactured by GTC Industries, also known as Golden Tobacco Company, an Indian business entity, or Grand River Enterprises, Six Nations Ltd., a Canadian business entity.
To the best of our knowledge, the brands being manufactured by GTC Industries include, but may not be limited to: A-One, Chancellor, Diamond, Diamonds, Double Diamond, Esquire, Flair, Miss Diamond, Panama, and Pavillion.
To the best of our knowledge, the brands being manufactured by Grand River Enterprises include, but may not be limited to: Cigs, Catalina, Scenic 101, Seneca, and Royal.
If you have questions or concerns about this notice, please contact me.
Matt Gannon
Assistant Attorney General
2nd Floor Hoover Building
1305 E. Walnut
Des Moines IA 50319
515/281-6709
515/281-6771 (fax)
It is unlawful for any person to stamp, sell, offer or possess for sale a package or container of cigarettes of a tobacco product manufacturer or a brand family that is not published on the Directory. Those who violate this legislation may face criminal and civil penalties. The minimum civil penalty is $5,000 per violation or 500% of the retail value of the product sold, whichever is greater. In addition, persons who stamp, sell or possess for sale in Iowa a brand not included on the Attorney General approved Directory lists may have their licenses suspended or revoked, and any product found in their possession will be deemed contraband and will be seized and destroyed. Finally, profits gained in violation of this legislation will be disgorged and paid to the State Treasurer.
Note: Only brands that are part of the brand family listed for a manufacturer are certified. In some instances, not all brands from a manufacturer are on the list. Unless otherwise noted, "brand" includes portions of the brand family.
Little cigars, as defined in Iowa Code § 453A.42, may be sold in Iowa as long as the appropriate tax is paid under § 453A.43. Little Cigars are taxed at the same rate as cigarettes in Iowa. Little Cigar packs must bear the same tax stamp as cigarettes packs. Little cigars are not included on the Directory, and are thus not subject to the brand restrictions therein.
Fire safe cigarette legislation (Iowa Code chapter 101B) was approved May 21, 2007, and will take effect January 1, 2009. For more information concerning fire safe cigarettes, please contact the Department of Public Safety:
Iowa Department of Public Safety
215 East 7th Street
Des Moines, Iowa 50319
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Participating Manufacturer Certification Form and Instructions |
| Non-Participating
Manufacturer Certification Form and Instructions
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Non-Participating Manufacturer Quarterly Compliance Worksheet |
Non-Participating Manufacturer Annual Compliance Worksheet |
Non-Participating Manufacturer's (NPM) Appointment of Registered Agent for State of Iowa and Registered Agent's Statement |
| Brand Specific Report Filed by Licensed Distributors for Cigarette, Little Cigar and Roll-Your-Own Product with Iowa Tax Paid for all Manufacturers -- Iowa form 70-020 PDF |
| Iowa Cigarette and Tobacco Tax Applications and Forms |
- Iowa Code Chapter 453A
- Iowa Code Chapter 453C
- Iowa Code Chapter 453D
- Master Settlement Agreement (MSA) PDF
In 1998, the State of Iowa, 45 other states, the District of Columbia and five United States Territories entered into the Master Settlement Agreement (pdf) (MSA) to settle claims against the four largest tobacco manufacturers. Under the MSA, the manufacturers agreed to certain restrictions on their marketing and to make payments perpetually to offset the State's costs arising from the health problems associated with the use of their tobacco products. In addition, the MSA effectively changed how tobacco companies that sell cigarettes and roll-your-own tobacco may do business in Iowa.
Tobacco manufacturers who wish to sell their product in Iowa are subject to two important pieces of legislation. The first imposes financial obligations on tobacco product manufacturers. Iowa Code § 453C.2 requires that tobacco manufacturers either become a party to the MSA and generally comply with the terms and obligations under the MSA, or establish a qualified escrow account and pay into it in accordance with Iowa Code § 453C.2(2) as a “non-participating manufacturer.” NPMs not listed currently on the Directory will be required to make quarterly escrow payments. See Iowa Code § 453D.5; Iowa Admin. Code 61-5.3(1). Current NPMs also may be subject to a quarterly payment requirement. See Iowa Admin. Code 61-5.3. A tobacco manufacturer that fails to comply with either of these two requirements yet continues to market its product in Iowa , whether through a distributor, retailer, or similar intermediary, is subject to litigation and civil penalties.
The second important piece of legislation is complimentary to the first and enforces the financial obligations of tobacco manufacturers. Iowa Code Chapter 453D mandates that all tobacco product manufacturers who wish to sell their product in Iowa be certified by the Iowa Attorney General for inclusion on the Iowa Directory of Certified Tobacco Product Manufacturers and Brands. For certification, the tobacco product manufacturer must either be a participating manufacturer under the MSA or in full compliance with Iowa Code Chapter 453C. If any person possesses, sells, or offers for sale in Iowa the brand of a tobacco product manufacturer not included on the Iowa Directory, the product is contraband and criminal and/or civil penalties will apply.