The Stogie Guys

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.

1) In response to the FDA’s announcement last week (which included some very misleading statements) of its final rule regulating cigars, where the FDA rejected its own option to exempt premium cigars, Cigar Rights of America (CRA) has launched another petition to the White House. Readers may recall that in 2012, years prior to the FDA proposal, a similar petition garnered enough support to warrant the eventual response by the director of the FDA’s Center for Tobacco Products. Back then, he stated the “FDA has heard the input from stakeholders about the possible differences in the public health impact of premium cigars compared to other cigars. We are taking this into account as we consider potential regulatory options around the categories of cigars.” Obviously, given the final rule, the pleas of the over 40,000 signers of that petition were ignored.

2) While signing the petition to the White House is certainly worthwhile, a second petition launched by CRA is directed at the branch of government that, at this point, is more likely to take complaints seriously. The CRA’s petition to Congress lets Americans demand their representatives “support S. 441 and H.R. 662, which would exempt premium cigars from FDA regulation and oversight, as well as to support language adopted by the House Committee on Appropriations on April 19, 2016, calling for an exemption for premium cigars from FDA oversight.” At this point, barring an intervention by Congress or an intervention by the courts, the FDA rule will go into effect on August 8, 2016.

3) The FDA’s overreach to regulate handmade premium cigars has already found some critics in Congress. Notably, Rep. Tom Cole of Oklahoma, a three-time co-sponsor of the bill to exempt premium cigars from FDA regulation, released a statement excoriating the Obama Administration and the FDA: “The FDA’s announcement today that it plans to regulate all tobacco products is just another example of the Obama Administration’s regulatory overreach and nanny-state mentality. This regulation takes an overly-broad approach to regulating these products. While we can all agree that tobacco products should not be marketed to children, I still believe that my bipartisan amendment, recently approved by the Appropriations Committee in the Agriculture Appropriations bill, provides the same framework for new tobacco products without needlessly subjecting small businesses to unnecessary regulations and without treating law abiding adults like naïve children.”

4) From the Archives: If reading all the news about the overbearing FDA regulations on cigars has you reaching for a stiff drink, we’ve got you covered there, too. Our A-Z Guide to Bourbon features everything from super-premium, highly acclaimed classics to bottom-shelf hidden gems. If you’re more of a rye fan, check out our Guide to Rye.

5) Deal of the Week: In light of recent events, every cigar smoker has good reason to join Cigar Rights of America, or renew/extend their current membership. If you want to smoke excellent, exclusive cigars while you do so, consider purchasing this Cigar Rights of America Limited Edition Sampler. Each sampler includes a CRA membership (you can also use it to renew your existing membership) with ten exclusive cigars.

–The Stogie Guys

photo credit: WhiteHouse.gov

There is no getting around the fact that the final FDA rule released last week is a nightmare for premium handmade cigars.

Although premium cigars represent just 2.1% percent of all cigars smoked in the United States (according to the FDA, 300 million of the 14 billion total cigars sold), the vibrant creativity that has come to represent this small handmade portion of the cigar market will be hit with the overwhelming burden of complying with rules that require FDA approval for every cigar not on the market before February 15, 2007.

Within each brand, every size of that blend that was introduced after that date will have to apply for FDA approval, or be off the market, by August 2018. So literally thousands of blends would have to apply, something no one (including the FDA) expects to happen.

In its public statements regarding the rule and within the 499-page rule itself, the FDA repeatedly alludes to the need to regulate cigars to protect children. But a closer look shows the facts don’t support the claim. In fact, at least one of the statements the FDA told the public about this is demonstrably false.

FDA Misstates Current Law

In its press announcement of the new rule, the FDA made the following statement: “Before today, there was no federal law prohibiting retailers from selling e-cigarettes, hookah tobacco, or cigars to people under age 18.”

This claim struck me as odd, at least in respect to cigars, so I asked an FDA spokesman for clarification. Despite multiple emails back and forth, I never got a substantive answer to my question: Does the FDA know of anywhere in the U.S. where the sale of cigars to minors (under 18) was not already illegal?

At one point in the exchange, I was referred to the “CDC [Center for Disease Control] or a group like the Campaign for Tobacco-Free Kids,” which seemed strange given that the FDA had just designated itself the chief regulator of cigars.

Despite that, I asked both groups that the FDA referred me to. The Campaign for Tobacco-Free Kids confirmed that every state prohibits sales to minors (and that Alabama currently also prohibits sales to those age 19). The CDC spokesman made it even more clear that the FDA was wrong in its announcement that prior to these rules federal law did not prohibit sales of cigars to minors.

The CDC spokesman wrote the following back to me: “In response to your question about selling tobacco products to persons under the age of 18. The federal minimum age of sale for tobacco products is 18. States are free to make it higher, but not lower.”

In other words, the federal agency that the FDA referred me to directly contradicted the statement put out by the FDA. Of course, by then the FDA’s misstatement had already been repeated in numerous news accounts of the new regulation.

FDA Cites 29-Year-Old Adults as Evidence of Youth Usage

But the FDA’s deception on this issue doesn’t end there. Within the rules, especially in the justification for not exempting premium cigars, the FDA repeatedly conflates underage use of cigars with choices made by adults.

The final FDA rule repeatedly uses the phrase “youth and young adult(s),” 56 times to be exact, within the rule. So I asked the FDA how they defined young adults and “what would be the oldest a person could be and still be considered a ‘young adult’ by the FDA?”

I was told “young adults” and other references to age groups depended on the specific studies being cited. A look at those studies show that some used 25 while others used 29 as the upper limit for “young adults.”

So while the FDA is using the age-old justification that their rules are necessary “for the children,” the fact is they are citing studies about the choices made by 29-year-old adults, men and women who could have legally served in the U.S. military for over a decade, to do it.

New Rule Really About Restricting the Choices of Adults

At other times, the FDA drops the pretense of the regulations being about youth access all together. At one point in the rule (page 178), the FDA states that it agrees with the proposition that if premium cigars are exempt from the rule, “the current population of premium cigar users would be left unprotected, potentially decreasing the likelihood that they would quit.”

Further, in the FDA’s announcement, a quote from Health and Human Services Secretary Sylvia Burwell specifically states that the aim of the rule goes far beyond children: “Today’s announcement is an important step in the fight for a tobacco-free generation.” So if anyone had any doubts that the FDA wants to totally eliminate tobacco, that statement by a cabinet-level appointee should erase them.

The irony is, even if the new rules were actually designed just to restrict use by minors, the grandfather date set by the legislation that empowered the FDA to regulate cigars means that, barring a sweeping act from Congress, there will always be pre-2007, non-FDA regulated tobacco products out there for lawbreaking minors to find ways to illegally acquire. Better enforcement of laws already on the books might fix that, but the regulations announced last week won’t.

Meanwhile, thousands of premium handmade cigars will be wiped off the market in just over two years, serving no purpose except to restrict the choices available to the adults who choose to enjoy them.

–Patrick S

photo credit: Stogie Guys

Spectacular.

That is the only word I can think of to adequately describe this large-format, colorful book that explores every imaginable facet of cigars.

The Cigar: Moments of Pleasure is a book that could come only from someone who loves cigars, or, in this case, two people who love cigars. Morten Ehrhorn (writer) and Justin Hummerston (photographer) spent five years traveling the world to explore cigars, tobacco, and those who love them. Interestingly, the pair is based in Denmark, known in the tobacco world far more for its relationship to pipes than to cigars.

But you’d have a difficult time finding a book with more or better cigar information. Far too many coffee-table books of all kinds are heavy on photographs and light on written material; far too many cigar books offer little more than a rehash of accepted wisdom and twice-told tales. Not so with The Cigar.

The book is truly an exhaustive and extensive presentation. Sure, we’re all familiar with photos of fields in Pinar del Río, say, but how about a look at tobacco curing houses in Indonesia? In another spot, you’ll find six pages devoted to soil. Then there’s a meticulous exploration of the effects of nicotine on the brain, not to mention all the interesting tidbits throughout. Did you know, for example, that Cuban cigars are packaged in the box with the darker wrappers on the left side?

In fact, I can’t think of any aspect of cigars that Enrhorn and Hummerston missed. The book is, literally, 312 pages of fascination.

For a cigar lover, simply opening the book is to be captivated, drawn in, and captured.

The Cigar: Moments of Pleasure is published by the award-winning Copenhagen firm Forlaget Enrhorn Hummerston and can be purchased on Amazon, as well as at online retailer Cigars International.

You’ll also have a chance to win the review copy we received from the publisher in the coming weeks. Be sure to subscribe to our free email newsletter for details on that and other giveaways.

–George E

photo credit: Stogie Guys

Each Saturday and Sunday we’ll post a Quick Smoke: not quite a full review, just our brief verdict on a single cigar of “buy,” “hold,” or “sell.”

I was a big fan of the Illusione Singulare 2014 when it first came out—it earned a rare five-stogie rating—so I wanted to see how it has aged. The annual release, which came out in late 2014, is a 5.5-inch, 54-ring gauge Nicaraguan puro with a Corojo ’99 wrapper (the same wrapper as the Illusione Epernay) over dual binders of Jalapa Criollo ’98 and Estelí Corojo ’99. The cigar burns flawlessly producing dense smoke with toast, cedar, and creaminess, although more cedar and less cream than I remembered. I’m not sure it’s any better than when I first smoked it, but the Anunnaki is still very enjoyable.

Verdict = Buy.

–Patrick S

photo credit: Stogie Guys

Each Saturday and Sunday we’ll post a Quick Smoke: not quite a full review, just our brief verdict on a single cigar of “buy,” “hold,” or “sell.”

Joya de Nicaragua calls its Antaño Dark Corojo blend “the embodiment of the Nicaraguan ‘power’ cigar.” I am inclined to agree. This oily, toro-sized (6 x 52), Corojo Oscuro-wrapped cigar doesn’t hold back on richness, nicotine, or flavor. Black pepper, roasted nuts, black coffee, and woodsy spice dominate the palate, while background hints of cream and dark chocolate add balance. Expect to pay around $9 for this Nicaraguan puro. And—if strength is what you seek—expect to be satisfied.

Verdict = Buy.

–Patrick A

photo credit: Stogie Guys

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.

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

Today the Food and Drug Administration (FDA) announced the final rule regulating cigars. We will have more coverage in tomorrow’s Friday Sampler and in the coming weeks but, for now, here are some key points about the impact of the 499-page rule on handmade cigars.

The FDA Rejected Pleas for an Exemption for Premium Cigars

In its initial proposed rule, the FDA offered two options for regulating cigars: option one (which covers all cigars), and option two (which exempts handmade cigars over $10). In its final rule, the FDA rejected option two, meaning a $12 handmade premium cigar will be treated exactly the same under the rule as “little cigars” that are manufactured on the same machines that produce cigarettes.

Date for Grandfathered Products Remains Unchanged

While the so-called Family Smoking Prevention and Tobacco Control Act (FSPTC)—the bill giving the FDA the power to regulate cigars—didn’t pass until June 2009, the legislation sets February 15, 2007 as the cutoff date for tobacco products to be grandfathered in as exempt from needing FDA approval before being sold or marketed in the United States. There were hopes that the FDA would modify that date, but they did not. As a result, products introduced past that date will be subjected to the FDA approval process. Cigars currently on the market will be treated differently from those introduced after the regulation officially takes effect.

Regulations Take Effect August 8

While the text of the rule was released today, it will not be officially published to the Federal Register until May 10, at which point a 60-day clock will start until the regulation officially goes into effect. Cigars introduced after August 8 will have to get FDA pre-approval before being marketed or distributed. Non-grandfathered (post-February 15, 2007) cigars on the market before August 8 can be sold until August 8, 2018, after which they must apply for FDA approval to remain on the market. Notably, the 2016 IPCPR Trade Show is set to take place in Las Vegas at the end of July, meaning it will effectively be the last chance cigar makers have to introduce new cigars before the August 8 date for pre-approval is required.

FDA Approval Process Still Murky

The need for FDA approval of new cigars is the biggest reason why industry experts predict the rule will devastate the handmade cigar industry, including 30,000 Americans who work in the industry and over 300,000 employees abroad. While subjecting all cigars to a pre-approval process where they must prove the new product is “substantially equivalent” to a grandfathered or approved product, the exact standards the FDA will use to make this determination, or exactly what scientific data would need to be included with the application, is far from clear. The FDA also doesn’t seem to address if it has the capacity to deal with new applications in a timely manner.

Rule Enacts Sample Ban, Mandated Warning Labels

Starting on August 8, distribution of samples will be prohibited, meaning cigar shop events where attendees get to try a new product free of charge will be prohibited. Full implementation of warning labels on cigars has also been mandated, with warnings “to appear on at least 30 percent of the two principal display panels of the package, and at least 20 percent of the area of advertisements.”

FDA Intends to Ban Flavored Cigars Next

In the finalized rule, the FDA states the following regarding demands by anti-tobacco lobbyists that it include a ban on flavored tobacco products: “To address concerns with the growing flavored cigar market and its impact on youth and young adult initiation with tobacco products, FDA is announcing here that it intends to issue in the future a proposed product standard that would prohibit characterizing flavors in all cigars, including cigarillos and little cigars.” To date the exact definition of a flavored cigar is unknown, and depending on the definition such a ban could include many premium handmade cigars not commonly identified as flavored.

Legal Challenges Are Inevitable

Barring an Act of Congress, only a federal court case can stop enforcement of this rule. Legal actions to executive orders generally come in the form of either a facial challenge to the rule, or an as applied challenge. A facial challenge could ask for an injunction to stop implementation of part of the rule or the entire rule, although the standard for getting one is very high. An “as applied” legal challenge would allege that the FDA violated either a federal law or the Constitution in how it applied the regulations to a specific party. With such a major expected impact, multiple federal lawsuits are likely.

The entire text of the 499-page rule can be found here.

–Patrick S

photo credits: Stogie Guys