Stogie News: House Votes to Regulate Tobacco Under the FDA
31 Jul 2008
Yesterday, the House of Representatives voted 326-102 to place tobacco under the jurisdiction of the Food and Drug Administration. The move would give FDA bureaucrats the ability to regulate tobacco as well as tobacco advertisements, a power that both Health and Human Services Secretary Michael Leavitt and FDA Commissioner Andrew von Eschenbach oppose. In a statement (pdf) released today, the White House threatened to veto the bill if the Senate passes a version pending there and sends it to President Bush’s desk:
“The bill would mandate significant added responsibilities for the Food and Drug Administration (FDA) that conflict with FDA’s mission of ensuring the safety and effectiveness of drugs, biologics, and medical devices…
Requiring FDA to oversee the regulation of tobacco products would not only distract the agency from its oversight of food, pharmaceuticals, and medical products but could be perceived by the public as an endorsement that these products are safe, resulting in more people smoking.”
Speaking in favor of the bill, Representative Christopher Van Hollen Jr. (D-MD) made clear that the goal of the bill wasn’t to make cigarettes safer, but to regulate tobacco to reduce its use: “[Smoking] has a huge cost to our society. We have an opportunity to put an end to that…”
The bill would be a significant step towards the FDA declaring all tobacco products unsafe and thus prohibited. As we’ve written before, in an interesting twist, the law forbids the FDA from certifying that some forms of tobacco are safer than others, despite a mountain of evidence, meaning that the only “regulation” the FDA would have at its disposal would be limits on advertising or bans on certain types of tobacco products.
While the bill’s primary target seems to be cigarettes, it could have dire effects on cigar smokers. Besides being another step down the road to complete tobacco prohibition, FDA regulation may mean substantially limited advertising of cigars in magazines and also potentially on websites such as this one. If FDA mandates mean that cigar makers have to worry about nicotine (or other chemical) levels in cigars, it would stifle the creativity that has marked the cigar industry in recent years.
The bill also includes a prohibition on flavored cigarettes (although, oddly, it contains an exception for Menthol). While it is not clear that the flavored smoke ban would include cigars, if it does flavored cigars like Acid and Havana Honeys could be made illegal. Further, demands for “safer” tobacco products could mean a de facto prohibition for handmade cigars which, unlike cigarettes, cannot change their chemical makeup because they are entirely natural products.
photo credit: FDA


This particular backyard was, as I’ve said, pretty big by LA standards. Unfortunately, the view was “fenced in†on the west side by a neighbor’s addition to her home—an ugly, three-story guest house with a window overlooking my friend’s entire yard. Nevermind the fact that building a three-story structure is illegal in this part of the city; what was particularly onerous about this building was its violation of my friend’s privacy. In shape, form, rule-flouting design, and hostile spirit, this building pretty much embodied the neighbor herself. She, a 70-something widow, was notoriously paranoid, litigious (again, ironic, given that her guest house was in clear violation of building codes), angry, and conniving. She was always around, never left her house, and never ran out of excuses to harass or even sue her various neighbors.
Recently, Patrick S. and I smoked a few while kicking back with some surprisingly manly tangerine mojitos at the Casa Fuente bar. A quick word about those mojitos, actually: They’re quite strong, and it’s entirely possible that they may have affected my ability to judge the Casa Fuente double robusto accurately and clearly. Fortunately, the mojitos also compelled me to buy a few more sticks on my way out the door—so I’ve been able to smoke some later on, in the clear light of sobriety.
Introduced in 1999 to celebrate the company’s first 30 years of business (1968-1998), the Cameroon blend sports a Cameroon wrapper and Nicaraguan binder and filler tobaccos. The series was preceded by a L’Anniversaire Maduro version in 1998. Both have received high ratings from Cigar Aficionado and Cigar Insider—with several vitolas over 90 points—and both are considered to be box-pressed pioneers.
1) It was announced on Wednesday that computer tycoon Bill Gates and New York City Mayor Michael Bloomberg are
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