ARM 42.31.206. A TOBACCO PRODUCT LABELED AS SOMETHING OTHER THAN A CIGARETTE

(1) A tobacco product labeled as something other than a cigarette, or with no label, including but not limited to little cigars, may be considered a cigarette, described in ARM 42.31.207, and under 16-11-102, MCA, if it meets two or more of the following criteria: (a) the product is sold in packs with 20 or 25 sticks; (b) the product is sold in cartons of ten packs; (c) the product is sold in soft packs, hard packs, flip-top boxes, clam shells, or other cigarette-type boxes; (d) the product is the same length and width found in commercially manufactured cigarettes; (e) the product has a cellulose acetate or similar built-in filter; (f) the product weighs less than three pounds per thousand sticks; (g) the product is marketed or advertised to consumers as a cigarette or cigarette substitute; or (h) other proof that the product is a cigarette under 16-11-102, MCA. (2) Tobacco products determined to be cigarettes must meet the requirements of 16-11-307, MCA.