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Stogie Guys Friday Sampler No. 478 (FDA Cigar Regulation Edition)

6 May 2016

As we have since July 2006, each Friday we’ll post a mixed bag of quick cigar news and other items of interest. Below is our latest Friday Sampler.

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1) Yesterday the FDA issued a 499-page final rule subjecting cigars to FDA regulation. The regulation will officially be published on May 10 and will take legal effect on August 8 with various requirements being phased in thereafter. Notably, the FDA rejected an option that would have created an exemption for premium handmade cigars that met certain criteria, which the handmade cigar industry had made the focus of lobbying efforts. Because the regulation doesn’t alter the 2007 grandfather date (cigars introduced after that date will have to go through the FDA approval process), the regulation means that, should Cuban cigars ever become legal, they would not be exempt from the approval process. FDA officials admit that process could cost hundreds of thousands of dollars per each size of each blend.

2) Cigar Rights of America blasted he rule in a press release: “Unfortunately, the FDA and the Obama Administration have rejected and cast aside any rationally objective approach to developing this regulation. When Congress gave FDA the authority to regulate tobacco products in 2009, they did so specifically with the stipulation that in order to subject a product to regulation FDA must demonstrate that the specific product(s) possess issues of underage consumption and health and mortality impact through addiction, both which have never been associated with premium cigars… As a result of today’s announcement by FDA, the board of Cigar Rights of America will be convening an emergency meeting to evaluate all legal and legislative options moving forward.”

3) The International Premium Cigar and Pipe Retailers Association (IPCPR) also slammed the devastating impact of the rule in a statement: “The FDA’s regulation of premium cigars, if left unchecked, would have a devastating impact on retailers and manufacturers alike. Consumers will have less choice. Youth access is simply not an issue in the premium cigar space where 35,000 Americans earn their living along with over 300,000 employees in the Caribbean Basin.”

4) From the Archives: Since 2007, StogieGuys.com has covered the issue of FDA regulation of cigars. In 2009, after the FDA tobacco regulation bill was signed into law, we reported on the potential impact, noting it was “a major threat to cigar manufacturers and the choices available to cigar smokers.” Later, in the same article, we reported on the reaction from various cigar makers. One comment was particularly striking: “Jaime Garcia, son of famed cigar-maker Don José ‘Pepin’ Garcia, and a top maker in his own right, told me through a translator that coming from Cuba, he couldn’t believe that in America so much power would be given to the government to control his business.”

5) Deal of the Week: If you’re not already a member, the events of yesterday should motivate you to join Cigar Rights of America. Joining not only supports professional lobbyists who fight for cigar freedom, but also affords discounts at cigar shops, free cigars, and more. One great way to join is by purchasing a Cigar Rights of America sampler. Each sampler includes CRA membership, plus ten exclusive cigars. Buy one at your CRA-supporting local cigar retailer or purchase one online here.

The Stogie Guys

photo credit: CRA

Drew Estate

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