Taxation and New Products Gregory N Connolly DMD, MPH National Smokeless and Spit Tobacco Summit September 22,2009 New Smokeless Products and Acquisitions by the Cigarette Industry Swisher $4.5 Billion RRJ – 2005 PM Acquired USSTC $16 Billion 2008 PM – Swedish Match International Joint Venture Introduction of New Forms: Snus, Dissolvables ? Today 88% of the Smokeless Market Owned by the Cigarette Industry Components of a Tin of Moist Snuff and a Pack of Cigarettes (2008) Retail Price State Tax Manufacturers Price Fed Tax MSA Payments Adv Profits Moist Snuff (P) $ % $5.39 100% $0.79 14.6% $2.62 48.6% $0.04 0.7% $0.01 0.2% $0.30 5.6% $1.63 30.2% Cigarettes $ % $7.17 100% $1.00 13.9% $4.20 58.6% $0.39 5.4% $0.38 5.3% $0.70 9.8% $0.50 7.0% P=Premium brands Sources: FTC Reports, Annual Report of Altria and USSTC, Tax Burden on Tobacco, NAAG, USB. Tobacco Products Sales 25,000 Moist Snuff (Tins) 1200 20,000 Cigarettes 15,000 800 10,000 Roll Your Own 400 5,000 Cigarettes Million Packs Sold Small cigars and RYO CPEs Moist Snuff Tins Million Units Sold 1600 Small Cigars 0 0 2000 2001 2002 2003 2004 2005 2006 2007 2008 Source data: 1 Statistical report–tobacco. United States Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau. http://www.ttb.gov/tobacco. Accessed July 8, 2009. 2 Tobacco stocks. United States Department of Agriculture, Agricultural Marketing Service. http://www.ams.usda.gov/AMSv1.0. Accessed July 8. 2009. “This flurry of smokeless category activity reflects the overall strength and growth of the OTP market. In addition to smokers’ desire for new smokeless alternatives, that growth is driven by new product introductions and flavor innovations.” www.awmanet.org/dc/dc_cover0706.html Dual Users are a Big Driver of Current MST Growth “Based on our research, we believe the bulk of smoker migration into MST is coming from dual users (consumers that dip and smoke). We estimate that about 30% of dippers also smoke. The proliferation of smoking bans has effectively increased the number of dipping occasions. Source: UBS Research, 2007, Nat’l Tobacco Incidence Study [UST] Effective Prices of Other Tobacco Products and Cigarettes per Alternative Tax Rates Price /Tax $4.69 $1.01 Moist Snuff (1.2 oz) $2.62 $0.11 30% Ad Valorem State Tax Rate $1.41 $0.79 $0.69 $0.31 $0.61 Total with 30% Ad valorem $7.11 $3.52 $3.10 $2.15 $3.64 90% Ad Valorem State Tax Rate $4.22 $2.36 $2.08 $0.94 $1.82 Total with 90% Ad valorem $9.92 $5.09 $4.48 $2.77 $4.85 $0.60 $0.50 $0.26 Total with 50¢ weight-based $3.33 $2.90 $2.09 $1.00 per ounce State Tax Rate $1.20 $1.00 $0.52 Total with $1 weight-based $3.93 $3.40 $2.35 Average Retail Price 2009 Federal Tax Rate 50¢ per ounce State Tax Rate Cigarettes (20) Dry RYO Small Snuff (20) Cigars (1.0 oz) (20) $2.31 $1.04 $2.02 $0.09 $0.80 $1.01 Camel Orbs Snus (15) (20) $3.94 $4.87 $0.04 $0.01 $1.18 $1.46 $5.16 $6.34 $3.55 $4.38 $7.53 $9.26 $0.21 $0.06 $4.19 $4.94 $0.43 $0.12 $4.41 $5.00 Data sources: Average price (except for cigarettes) from AC Nielsen ScanTrak; Average cigarette price from Tax Burden on Tobacco (2008). State tax rates from Tobacco Free kids. Federal Tax Rates from U.S Department of Treasury Recent Changes in Federal Excise Taxes for Smokeless Other Tobacco Products Moist Snuff 2008 Federal Tax Basis $0.585 per pound 2008 Federal Tax Rate $0.04 per tin 2009 Federal Tax Basis $1.51 per pound 2009 Federal Tax Rate $0.11 per tin Δ Federal Tax per Package $0.07 per tin Camel Snus Small Cigars Roll-Your-Own $0.585 per pound $1.828 per 1,000 $1.0969 per pound $0.02 per pack (20) $0.04 per pack (20) $0.04 $1.51 / pound $50.33 per 1,000 $24.78 per pound $0.04 per pack (20) $1.01 per pack (20) $0.79 per 20 $0.02 per pack (20) $0.97 per pack (20) $0.75 per 20 Smokeless Tobacco – Prices Data Sources: ACNielsen Scan Track; Orzechowski, Walker (2008) $6.00 $5.00 $4.00 $3.00 $2.00 $1.00 $0.00 Moist Snuff Dry Snuff RYO Small Cigars Camel Snus Camel Orbs Average Retail Price (2007) Skoal Bandits Federal Tax Rate Prices and taxes are based on the following units: Moist snuff (1.2 oz); Dry Snuff (1.0 oz); Skoal Bandits (1.2 oz); Camel Snus (20 pouches); Camel Orbs (15 tablets); RYO (20 pieces); Small Cigars (20 pieces); Cigarettes (20 pieces) Cigarettes Weight-based Taxation of New versus Traditional Smokeless Products TFK Quotes: Moist smokeless tobacco volume is increasing faster in the nine US states that have a weight-based tax than in those with a percentage tax based on the wholesale price, indicating “there’s a latent growth in the category that may be realized if states convert to a weightbased tax.” – Retail and foodservice consulting firm, Willard Bishop. State Weight-based and Ad Valorem Smokeless Tobacco Taxes (Number of States) Moist Snuff Weight-Based 18 Chewing and Smoking Tobacco 9 Ad Valorem 31 41 Pennsylvania currently has no tax on non-cigarette tobacco products. Kentucky taxes snuff 19 cents per unit. Current Moist Snuff Among Youth Ages 12-17 Years 0.030 R2 = 0.8377 Proportion current users 0.025 0.020 0.015 0.010 0.005 0.000 2001 2002 2003 2004 2005 2006 2007 2008 Data source: U.S. Substance Abuse and Mental Health Services Agency, National Survey on Drug Use and Health, 2002 - 2007 Top Five Cigarette Brands U.S. Sales Dollars for 2007 Top Snus Brands U.S. Dollar Sales for 2007 $3,500,000,000 $30,000 $3,000,000,000 CAMEL SNUS TABOKA $2,500,000,000 Dollar Sales $25,000 Sales Dollars $20,000 $15,000 $2,000,000,000 $1,500,000,000 $10,000 $1,000,000,000 $5,000 $500,000,000 MARLBORO BASIC NEWPORT VIRGINIA SLIMS CAMEL $0 $0 Top Five Moist Snuff Brands U.S. Sales Dollars for 2007 $60,000,000 SKOAL $50,000,000 COPENHAGEN GRIZZLY Dollar Sales $40,000,000 KODIAK TIMBER WOLF $30,000,000 $20,000,000 $10,000,000 $0 *Note –Sales and price data were derived from ScanTrak scanner data licensed from ACNielsen, a global provider of marketing research information services, in US food stores with at least $2 million in annual sales, US drug stores with at least $1 million in annual sales and all US mass merchandisers, with the exception of WalMart. “New Snus Products not Expected to Hurt Cigarette Volumes The majority of our survey respondents (64%) do not believe either of the new snus products will affect cigarette volumes by promoting current smokers to quit at a faster rate. Rather, the new snus product will most likely (1) attract smokers that have previously quit, (2) that are currently using moist snuff, (3) smokers that are looking for a temporary nicotine “kick” when they cannot smoke, or (4) smokers that would have quit anyway. This bodes well for RAI and MO share holders as these new snus products don’t appear to be cannibalizing either Marlboro or Camel brands.” Citigroup Investment Research, 2007 “New Snus Products not Expected to Hurt Cigarette Volumes The majority of our survey respondents (64%) do not believe either of the new snus products will affect cigarette volumes by promoting current smokers to quit at a faster rate. Rather, the new snus product will most likely (1) attract smokers that have previously quit, (2) that are currently using moist snuff, (3) smokers that are looking for a temporary nicotine “kick” when they cannot smoke, or (4) smokers that would have quit anyway. This bodes well for RAI and MO share holders as these new snus products don’t appear to be cannibalizing either Marlboro or Camel brands.” Citigroup Investment Research, 2007 “When scientists have identified undesired compounds in a product, we have seen it as our responsibility to reduce or eliminate these compounds, if feasible.” www.myeval.net (Swedish match No America) We focused on innovation, introducing a variety of more approachable new products that would appeal to smokers. We also ramped up our communication with smokers, acquainting them with smokeless tobacco products.” Butler, President USSTC (USSTC, May, 2008) Revenue Losses From Standard Weight-Based Tax on Moist Snuff (in constant dollars) $100 $90 $80 $70 $60 $50 Base Year Year 1 Year 2 Year 3 Year 4 Projections assume stable consumptionand sales over time, with inflation at 2% per year. TFK Year 5 Differences in State Revenues From Different Ways of Taxing Moist Snuff -- An Historical Perspective -Weight-Based Tax Percentage-of-Price Tax Percentage-of-Price w/ Minimum $140.0 $130.0 $120.0 $110.0 $100.0 Base Year Year 1 Year 2 Year 3 Year 4 Year 5 [Based on actual 2000 to 2005 moist snuff sales price and volume data for from the U.S. Federal Trade Commission, and on recent industry data on the moist snuff market share and average prices of premium, value and discount brands.] TFK Domestic Smokeless Advertising and Promotional Expenditures 1998 – 2006 (Millions of dollars) 400 354.1 350 Millions of Dollars 300 250.8 236.7 234.6 242.5 231.1 224.6 250 200 150 170.2 145.5 100 50 0 1998 1999 2000 2001 2002 2003 2004 2005 2006 Source: Federal Trade Commission Smokeless Tobacco Report for 2006