According to a press release from the FDA, The U.S. Food and Drug Administration (FDA) has issued warning letters to four tobacco manufacturers—Swisher International Inc., Cheyenne International LLC, Prime Time International Co., and Southern Cross Tobacco Company Inc.—for selling flavored cigarettes that are labeled as little cigars or cigars, which is a violation of the Family Smoking Prevention and Tobacco Control Act (TCA). The companies received warning letters for products under the “Swisher Sweets,” “Cheyenne,” “Prime Time,” and “Criss-Cross” brands in a variety of youth-appealing flavors, including grape, cherry, wild cherry, and strawberry.
The agency has determined that, although labeled as little cigars or cigars, the products meet the definition of cigarettes in the TCA, because they are likely to be offered to, or purchased by, consumers as cigarettes based on their overall presentation, appearance, and packaging and labeling. Additionally, since the products meet the definition of a cigarette, the FDA determined that the products are adulterated because they contain a natural or artificial characterizing flavor, or misbranded if they only purport to do so.
You can read the warning letter here: https://www.fda.gov/ICECI/EnforcementActions/WarningLetters/2016/ucm532254.htm
