0001567619-22-020573.txt : 20221117 0001567619-22-020573.hdr.sgml : 20221117 20221117165655 ACCESSION NUMBER: 0001567619-22-020573 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20221111 FILED AS OF DATE: 20221117 DATE AS OF CHANGE: 20221117 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Miller John J CENTRAL INDEX KEY: 0001954460 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-36338 FILM NUMBER: 221399182 MAIL ADDRESS: STREET 1: 500 SENECA STREET, SUITE 507 CITY: BUFFALO STATE: NY ZIP: 14204 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: 22nd Century Group, Inc. CENTRAL INDEX KEY: 0001347858 STANDARD INDUSTRIAL CLASSIFICATION: CIGARETTES [2111] IRS NUMBER: 980468420 STATE OF INCORPORATION: NV FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 8560 MAIN STREET STREET 2: SUITE 4 CITY: WILLIAMSVILLE STATE: NY ZIP: 14221 BUSINESS PHONE: (716) 270-1523 MAIL ADDRESS: STREET 1: 8560 MAIN STREET STREET 2: SUITE 4 CITY: WILLIAMSVILLE STATE: NY ZIP: 14221 FORMER COMPANY: FORMER CONFORMED NAME: Touchstone Mining LTD DATE OF NAME CHANGE: 20051222 3 1 doc1.xml FORM 3 X0206 3 2022-11-11 0 0001347858 22nd Century Group, Inc. XXII 0001954460 Miller John J C/O 22ND CENTURY GROUP, INC. 500 SENECA STREET, SUITE 507 BUFFALO NY 14204 0 1 0 0 President, Tobacco Common Stock 75000 D /s/ John J. Miller by John J. Wolfel, Power of Attorney 2022-11-17 EX-24.1 2 poa-22.txt POWER OF ATTORNEY POWER OF ATTORNEY Know all by these presents, that, for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the undersigned hereby constitutes and appoints Peter Ferola, Michael B. Kirwan and John J. Wolfel, each or either of them, the undersigned?s true and lawful attorney-in-fact to: 1. prepare, execute in the name of the undersigned, and submit to the U.S. Securities and Exchange Commission ("SEC") a Form ID, including amendments thereto, and any other documents necessary or appropriate to obtain codes and passwords enabling the undersigned to make electronic filings with the SEC; 2. execute for and on behalf of the undersigned (in accordance with Section 16(a) of the Securities Exchange Act of 1934, as amended, and the rules thereunder (the "Exchange Act")), in the undersigned's capacity as an officer and/or director of 22nd Century Group, Inc. (the "Company"), any and all Forms 3, 4 and/or 5, and any amendments thereto, that are necessary or advisable for the undersigned to file under Section 16(a) (such forms along with the Form ID are collectively, "Documents"); 3. do and perform any and all acts for and on behalf of the undersigned that may be necessary or desirable to complete and execute any such Documents and timely file such Documents with the United States Securities and Exchange Commission and any stock exchange or similar authority; and 4. take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the Documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in such attorney-in-fact's discretion. The undersigned hereby grants to such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact (or such attorney-in- fact's substitute or substitutes) shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. The undersigned acknowledges that such attorney-in-fact, in serving in such capacity at the request of the undersigned, is not assuming, nor is such attorney-in-fact's substitute or substitutes assuming, any of the undersigned's responsibilities to comply with the Exchange Act. The undersigned agrees to defend and hold harmless such attorney-in-fact (and such attorney-in-fact's substitute or substitutes) from and against any and all loss, damage or liability that such attorney-in-fact may sustain as a result of any action taken in good faith hereunder. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Documents with respect to the undersigned's holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorney-in-fact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 12th day of November, 2022. /s/ John J. Miller Signature Name: John J. Miller