The Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) of 2009 prohibits the sale of flavoured cigarettes in the United States; As a result, Kreteks are no longer legally sold in the United States. Clove or Kretek cigarettes are one of the most popular Indonesian cigarettes and are popular to this day. This concerns the ingredient in which it consists of dried tobacco leaves, […] In addition, he also developed a means of production called the Abon system, which offered opportunities to other entrepreneurs with insufficient capital. In this system, a person called a “subscription” is responsible for delivering the finished products to the company, which pays the price of the piece work performed, while the company is obliged to provide the production materials necessary for the “subscriptions”. Most manufacturers have since chosen to have their workers work under the roof of their own factories in order to maintain quality standards. Today, only a few Kretek manufacturers use the bonus system. Kretek cigarettes are sold in Germany, Australia, Brazil, etc. In Europe, only smaller packages and thinner cigarettes are sold to meet the maximum amount of nicotine and tar set by the EU. In South Africa, they are also sold in small packs of 10 with 10-12 mg of tar and 1-1.2 mg of nicotine. Indonesia, the world`s largest manufacturer of clove cigarettes, first filed its complaint in 2010, arguing that most of its cigarettes are smoked in the United States and that the ban hinders trade between the two countries. Results In anticipation of the Food and Drug Administration (FDA) ban on cigarette flavors and recognizing the regulatory benefits of cigars, Kretek International began developing Djarum cloves in 2007. Immediately after the taste ban, sales of this product increased by more than 1400% between 2009 and 2012.
During the same period, tobacco imports into the United States from Indonesia, a leader in the production of clove tobacco, shifted from cigarettes to almost exclusively cigars. Bidis are small, thin, hand-rolled cigarettes imported into the United States primarily from India and other Southeast Asian countries. They consist of tobacco wrapped in a leaf of tendu or temburni (plants native to Asia) that can be attached to one or both ends with a colored string. Bidis can be flavoured (e.g. chocolate, cherry, mango) or unflavored.1,2 The typical clove cigarette (also known as kretek) is mainly tobacco (60% to 80%). Ground clove buds and oil make up the remaining 20% to 40%. Spices such as cumin, cinnamon and nutmeg add flavor. On April 12, 2010, Indonesia filed a formal complaint with the World Trade Organization stating that the ban on kreteks in America constitutes discrimination because menthol cigarettes are exempt from the new regulations. The Director-General of the Ministry of International Trade, Gusmardi Bustami, said the Indonesian government had asked the WTO panel to examine US violations of trade rules, including the 1994 General Agreement on Tariffs and Trade (GATT), technical barriers to trade (TBT) and the Sanitary and Phytosanitary Agreement (SPS). The TBT Agreement is of particular importance because it defines clove cigarettes and menthol cigarettes as “like products”.
Claims of discrimination are reinforced when it is found that 99% of Kreteks were imported from countries other than the United States (mainly Indonesia), while menthol cigarettes are produced almost exclusively by American tobacco manufacturers. [18] Indonesia`s argument is further strengthened by comparing the number of young Kretek smokers in America with the number of young menthol cigarette smokers. According to health reports in the United States, 43% of young smokers smoke menthol cigarettes, accounting for nearly 25% of total cigarette consumption in the United States. However, young smokers accustomed to kreteks account for less than 1% of cigarette consumption in the United States and <1% of total cigarettes sold in the United States. 4. In April 2012, the WTO ruled in favour of Indonesia`s complaint, although it is unclear how this will affect US law. [19] According to the American Cancer Society, clove cigarettes pose the same health risks as conventional cigarettes, including an increased risk of cancer and heart disease. Kreteks have also been linked to an increased risk of acute lung damage, including inflammation, fluid in the lungs and low oxygen levels.