Pursuant to A.R.S § 44-7111, the following is the Arizona Cigarette Directory listing all Tobacco Product Manufacturers that have provided current and accurate certifications conforming to the requirements of A.R.S § 44-7111 and the Brand Families listed in such certifications. For convenience, this list is divided by Participating Manufacturers and Nonparticipating Manufacturers, and is further grouped alphabetically by both Tobacco Product Manufacturer and Brand Family.
- It is unlawful for any person (i) to affix any stamp to a package or other container of Cigarettes of a Tobacco Product Manufacturer or a "Brand Family" not included in the Directory or (ii) to sell, offer or possess for sale, in this State, Cigarettes of a Tobacco Product Manufacturer or Brand Family not included in this Directory. The definition of Cigarettes includes Roll-your-own tobacco ("RYO"). A.R.S §44-7111(3)(c).
- A.R.S §44-7111 requires the Attorney General to update this Directory as necessary to correct mistakes and to add or remove a Tobacco Product Manufacturer or Brand Family to keep the Directory in conformity with the requirements of the Legislation. Accordingly, Tobacco Product Manufacturers and/or Brand Families may from time to time be added to or removed from the Directory. If a Tobacco Product Manufacturer or Brand Family is removed from the Directory, it thereafter becomes unlawful for any person to affix a stamp to a package or other container of Cigarettes of that Tobacco Product Manufacturer or Brand Family or to sell, offer or possess for sale, in this State, Cigarettes of that Tobacco Product Manufacturer or Brand Family.
Additional information about the Directory Statute:
- AGO publishes the Arizona Cigarette Directory (“Directory”) on AGO’s website, as mandated by the Directory Statute. The Directory Statute imposes numerous prohibitions and requirements applicable to persons involved in the manufacture, sale and distribution of Cigarettes and should be reviewed in its entirety.
- Under A.R.S §44-7111(6)&(7), the penalties for violating the Directory Statute include criminal prosecution, license revocation, disgorgement of profits, injunction, and prosecution pursuant to Arizona’s consumer fraud statutes (includes further penalties). Criminal investigations leading to citations of Arizona licensed distributors (as that term is defined in A.R.S. §42-3001) are conducted by Department of Revenue, and AGO investigators also monitor the marketplace.
- Under the Directory Statute, it is “unlawful for any person (1) to affix a stamp to a package or other container of Cigarettes of a Tobacco Product Manufacturer or Brand Family not included in the Directory or (2) to sell, offer or possess for sale, in this State, Cigarettes [includes roll-your-own tobacco] of a Tobacco Product Manufacturer or Brand Family not included in the Directory.” A.R.S §44-7111(3)(c).
- Distributors must adhere to the Department of Revenue reporting requirements under A.R.S. §44-7111(5)(a) of the Directory Statute, including complete, accurate, and timely cigarette activity (e.g., cigarette brand families and amounts received, stamped, exported, etc ...).
- If A.R.S. §44-7111(5)(a) of the Directory Statute is violated by a distributor, AGO may seek an injunction to compel compliance and restrain future violation of the reporting requirements. Further, AGO is “entitled to recover the costs of investigation, costs of the action and reasonable attorney fees.” A.R.S. §44-7111(6)(c).
- As a distributor seeking to comply with the Directory Statute, it is not sufficient to locate in the Directory only the name of a Tobacco Product Manufacturer or only the name of a Brand Family. Indeed, in order for a Brand Family of Cigarettes to be compliant with the Directory Statute, the Brand Family itself must be listed in the Directory and must be manufactured by the Tobacco Product Manufacturer to which the Brand Family is attributed in the Directory.