Marketing Restrictions. 1. As of the Effective Date of this Agreement, ▇▇▇▇▇▇▇▇ agrees that: A. With the exception of the Basma, Samsun and Rare cigarette brand styles, it will not manufacture, market, distribute or sell the Investigated Cigarette Brand Styles specifically intended by ▇▇▇▇▇▇▇▇ for distribution or sale in the United States.4 B. In the event that ▇▇▇▇▇▇▇▇ manufactures, markets, distributes, or sells Flavored Cigarettes specifically intended by ▇▇▇▇▇▇▇▇ for distribution or sale in the United States, ▇▇▇▇▇▇▇▇ agrees that with respect to its marketing of such Flavored Cigarettes: (1) It will not use in the name of a brand style, (i) a Fruit or Candy, or (ii) the words “fruit,” “candy,” “sweet,” “sugar,” “citrus,” “tart,” “tangy,” or “cream,” or any extensions or variations of such words (e.g., “fruity,” “sweetened,” “creamy”). 4Reynolds is not required to recall any of the Investigated Cigarette Brand Styles that it already had sold or distributed before the Effective Date of this Agreement or any point of sale marketing materials concerning the Investigated Cigarette Brand Styles. (2) It will not use on the packaging visible to consumers before purchase,5 in print advertising,6 in point of sale advertising not located in an Adult-Only Facility, in direct mail or email promotions to individuals ▇▇▇▇▇▇▇▇ has not reasonably determined to be an Adult, or in web-based advertising (excluding web-based advertising which is accessible to individuals ▇▇▇▇▇▇▇▇ has reasonably determined to be an Adult),7 (i) a Fruit or a Candy, (ii) the words “fruit,” “candy,” “sweet,” “sugar,” “citrus,” “tart,” “tangy,” or “cream,” or any extensions or variations of these words, or (iii) images of a Fruit, a Candy, or other sweet desserts. (3) It will not use in the name of a brand style, (i) the generic name of a type of alcoholic beverage (e.g., scotch, gin, vodka), (ii) the brand name of a type of alcoholic beverage,8 (iii) the words “Kolada,” “cocktail,” “chaser,” “shot,” “shooter,” or “spiked,” or (iv) any of the alcoholic 5As used in this Agreement, “packaging visible to consumers before purchase” includes packaging that is visible after exterior packaging, such as a carton, box, wrapper or opaque cellophane, has been removed. 6As used in this Agreement, “print advertising” does not include advertising in an Adult- Only Facility or other advertising or marketing used in an interaction with an individual ▇▇▇▇▇▇▇▇ has reasonably determined to be an Adult. 7The fact that this Agreement proscribes certain future direct mail or email promotions and web-based advertising to individuals that ▇▇▇▇▇▇▇▇ has not reasonably determined to be an Adult should not be interpreted to suggest that ▇▇▇▇▇▇▇▇ previously marketed the Investigated Cigarette Brand Styles using direct mail or email promotions or web-based advertising to individuals that ▇▇▇▇▇▇▇▇ has not reasonably determined to be an Adult. 8Sections 3(ii) and 4(ii) of this Agreement are not intended to displace MSA Section III(j), entitled “Ban on Non-Tobacco Brand Names.” In addition, nothing in sections 3(ii) and 4(ii) applies to any cigarette brand style name in existence as of September 1, 2006. However, the Parties understand that nothing in this Agreement shall be construed to permit ▇▇▇▇▇▇▇▇ to use any of the Investigated Cigarette Brand Styles, with the exception of Basma, Samsun and Rare, specifically intended for sale or distribution in the United States. beverages delineated in Appendix A.9 (4) With respect to the description of flavor characteristics, it will not use on the packaging visible to consumers before purchase, in print advertising, in point of sale advertising not located in an Adult-Only Facility, in direct mail or email promotions to individuals ▇▇▇▇▇▇▇▇ has not reasonably determined to be an Adult, or in web-based advertising (excluding web-based advertising which is accessible to individuals ▇▇▇▇▇▇▇▇ has reasonably determined to be an Adult), (i) the generic name of a type of alcoholic beverage (e.g., scotch, gin, vodka), (ii) the brand name of a type of alcoholic beverage, (iii) the words “Kolada,” “cocktail,” “chaser,” “shot,” “shooter,” or “spiked,”(iv) any of the alcoholic beverages delineated in ▇▇▇▇▇▇▇▇ ▇,▇▇ or
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Marketing Restrictions. 1. As of the Effective Date of this Agreement, ▇▇▇▇▇▇▇▇ agrees that:
A. With the exception of the Basma, Samsun and Rare cigarette brand styles, it will not manufacture, market, distribute or sell the Investigated Cigarette Brand Styles specifically intended by ▇▇▇▇▇▇▇▇ for distribution or sale in the United States.4
B. In the event that ▇▇▇▇▇▇▇▇ manufactures, markets, distributes, or sells Flavored Cigarettes specifically intended by ▇▇▇▇▇▇▇▇ for distribution or sale in the United States, ▇▇▇▇▇▇▇▇ agrees that with respect to its marketing of such Flavored Cigarettes:
(1) It will not use in the name of a brand style, (i) a Fruit or Candy, or (ii) the words “fruit,” “candy,” “sweet,” “sugar,” “citrus,” “tart,” “tangy,” or “cream,” or any extensions or variations of such words (e.g., “fruity,” “sweetened,” “creamy”). 4Reynolds is not required to recall any of the Investigated Cigarette Brand Styles that it already had sold or distributed before the Effective Date of this Agreement or any point of sale marketing materials concerning the Investigated Cigarette Brand Styles.
(2) It will not use on the packaging visible to consumers before purchase,5 in print advertising,6 in point of sale advertising not located in an Adult-Only Facility, in direct mail or email promotions to individuals ▇▇▇▇▇▇▇▇ has not reasonably determined to be an Adult, or in web-based advertising (excluding web-based advertising which is accessible to individuals ▇▇▇▇▇▇▇▇ has reasonably determined to be an Adult),7 (i) a Fruit or a Candy, (ii) the words “fruit,” “candy,” “sweet,” “sugar,” “citrus,” “tart,” “tangy,” or “cream,” or any extensions or variations of these words, or (iii) images of a Fruit, a Candy, or other sweet desserts.
(3) It will not use in the name of a brand style, (i) the generic name of a type of alcoholic beverage (e.g., scotch, gin, vodka), (ii) the brand name of a type of alcoholic beverage,8 (iii) the words “Kolada,” “cocktail,” “chaser,” “shot,” “shooter,” or “spiked,” or (iv) any of the alcoholic 5As used in this Agreement, “packaging visible to consumers before purchase” includes packaging that is visible after exterior packaging, such as a carton, box, wrapper or opaque cellophane, has been removed. 6As used in this Agreement, “print advertising” does not include advertising in an Adult- Only Facility or other advertising or marketing used in an interaction with an individual ▇▇▇▇▇▇▇▇ has reasonably determined to be an Adult. 7The fact that this Agreement proscribes certain future direct mail or email promotions and web-based advertising to individuals that ▇▇▇▇▇▇▇▇ has not reasonably determined to be an Adult should not be interpreted to suggest that ▇▇▇▇▇▇▇▇ previously marketed the Investigated Cigarette Brand Styles using direct mail or email promotions or web-based advertising to individuals that ▇▇▇▇▇▇▇▇ has not reasonably determined to be an Adult. 8Sections 3(ii) and 4(ii) of this Agreement are not intended to displace MSA Section III(j), entitled “Ban on Non-Tobacco Brand Names.” In addition, nothing in sections 3(ii) and 4(ii) applies to any cigarette brand style name in existence as of September 1, 2006. However, the Parties understand that nothing in this Agreement shall be construed to permit ▇▇▇▇▇▇▇▇ to use any of the Investigated Cigarette Brand Styles, with the exception of Basma, Samsun and Rare, specifically intended for sale or distribution in the United States. beverages delineated in Appendix A.9
(4) With respect to the description of flavor characteristics, it will not use on the packaging visible to consumers before purchase, in print advertising, in point of sale advertising not located in an Adult-Only Facility, in direct mail or email promotions to individuals ▇▇▇▇▇▇▇▇ has not reasonably determined to be an Adult, or in web-based advertising (excluding web-based advertising which is accessible to individuals ▇▇▇▇▇▇▇▇ has reasonably determined to be an Adult), (i) the generic name of a type of alcoholic beverage (e.g., scotch, gin, vodka), (ii) the brand name of a type of alcoholic beverage, (iii) the words “Kolada,” “cocktail,” “chaser,” “shot,” “shooter,” or “spiked,”(iv) any of the alcoholic beverages delineated in ▇▇▇▇▇▇▇▇ ▇,▇▇ Appendix A,10 or
Appears in 1 contract
Sources: Settlement Agreement