The Stogie Guys

In April, a bi-partisan group of members of the House of Representatives introduced the Traditional Cigar Manufacturing and Small Business Jobs Preservation Act (H.R. 1639) to make explicit that the FDA is not authorized to regulate traditional handmade cigars. This past week, a Senate version (S. 1461) of the bill was introduced by the two Senators from Florida: Democrat Bill Nelson and Republican Marco Rubio.

The new Senate bill marks an important milestone in the movement for cigar rights, where after over a decade of exclusively playing defense, cigar smokers finally have a national bill (introduced in both houses of Congress) to support their rights. The FDA is currently authorized by the 2009 Tobacco Control Act to regulate cigars if it wants, even though the bill doesn’t require cigar regulation.

So far the agency hasn’t expanded its authority to include cigars (cigarettes and smokeless tobacco are currently under the FDA’s regulatory authority) but the agency has initiated a rulemaking procedure to expand its authority to include handmade cigars. (more…)

The bill to keep the U.S. Food and Drug Administration (FDA) from regulating premium cigars as part of its newly acquired tobacco oversight is inching along in Congress. The latest advance is a few more co-sponsors—including a second Democrat—putting the total at 22.

“We’re still pushing the bill,” George Cecala, spokesman for Rep. Bill Posey, the Florida Republican who introduced the bill in April, told me the other day. He added that the congressman, described by Cecala as an occasional cigar smoker, is especially concerned about potential job losses if FDA cigar regulations are adopted.

What’s needed now is for you to join the push by getting in touch with your representative and urging support for the bill, known as HR 1639.

It could be a milestone for cigar regulation. It would constitute legislative recognition of premium cigars for a reason other than taxation and establish an even sharper distinction from cigarettes. As such, it would make it easier, and more likely, for premium cigars to be excluded from future regulations.

Now I know there are smokers who consider it heretical to argue for favoring one form of tobacco over another. They believe that everyone who uses tobacco should be fighting every restriction on every form. Frankly, to me that’s not only impractical; it’s detrimental for cigar smokers.

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After being on the defensive for decades, advocates of cigar rights are finally in the advantageous position of being able to push for a bill, instead of just trying to block the passage of bills that further infringe on the rights of cigar smokers.

On April 15, House Resolution 1639—”The Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2011″—was introduced in Congress by Rep. Bill Posey of Florida. Four other representatives joined as original co-sponsors: Ken Calvert (R-CA), Kathy Castor (D-FL), Tom Cole (R-OK) and Candice Miller (R-MI).

The proposed bill would stop the Food and Drug Administration (FDA) from regulating premium cigars, which would likely be disastrous for cigar makers and consumers.

The step is necessary after a 2010 law that instructed the FDA to regulate cigarettes, but left the door open to the regulation of cigars.  While some observers predicted it would take years for the FDA to add cigars to its already large portfolio of regulated products, by April 2010 bureaucrats had already started the process, which could move forward at any moment.

If you are represented by one of the five Congressmen already on record in support of The Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2011, then you should take the time to thank them. But if your Representative is one of the 430 that hasn’t indicated their support yet, then it is even more important that you contact them today. That’s what I did recently when I sent the following letter to my Congressman, Jim Moran:

I write to express my strong support for HR 1639, the Traditional Cigar Manufacturing and Small Business Jobs Preservation Act. Please join the bipatisan group of co-sponsors of this bill that would protect jobs here in Northern Virginia and all across America.

As a cigar enthusiast, I can assure you that premium handmade cigars are very different from mass-produced cigarettes. If the FDA regulates handmade cigars like cigarettes, a process it has already initiated, it will have a devastating impact on the cigar industry. Unlike cigarettes, whose primary purpose is to deliver nicotine, cigars are a hobby that is more like fine wine. If you visit the cigar shops I frequent (which are in your district), you’ll find people of all walks of life stopping in to relax for 30 minutes or an hour with a fine cigar while they enjoy the camaraderie of their neighbors. But all that may come to an end if the FDA imposes strict rules on handmade cigars and treats these artisan-made products like a mass-produced industrial product.

That’s why it is critical that Congress pass the Traditional Cigar Manufacturing and Small Business Jobs Preservation Act, to protect cigars and instruct the FDA to use its resources in other areas. I hope you will become a co-sponsor of this important legislation and will push for passage through the House.

If you haven’t already, please join me in writing your Congressman to pass this important bill. You can find more information about how bad FDA regulation would likely be for handmade cigars here.

–Patrick S

photo credit: CRA

The new year is less than two weeks old, and that means it’s not too late to for a list of hopes for the cigar community in 2011. Here are my top five wishes:

More Limited Editions

Limited edition smokes can be frustrating. They’re often hard to get and, if you don’t move quickly, you may not be able to buy any, meaning you may have to make a decision before you really know all the details about the smoke. Still, there’s a refreshing bit of honesty in limited edition cigars. Many cigar makers, particularly those who don’t grow their own tobacco, have only enough tobacco to make a small run without sacrificing quality and consistency. So limited releases can be some of the best (if rare) cigars available. For that reason, I welcome more limited cigars, as long as they’re limited for a good reason and not just a marketing gimmick.

Reasonably Priced Cigars

After a few years of seemingly exponentially expensive new smokes, 2009 and 2010 saw a number of solid new cigars in the more reasonable $4-7 range. With the confidence in the economy wavering (to say the least), cigar makers seemed to understand that for dedicated cigar smokers to enjoy more cigars, they would require good cigars that didn’t cost an arm and a leg. Let’s hope that this lesson is taken to heart in 2011.

Innovation from the Big Guys

It has become commonplace for veteran cigar smokers to seek out boutique smokes and ignore those made by the largest companies, particularly those by industry giants Altadis and General Cigar. But those companies are large and successful for a reason, not the least of which is massive tobacco stores that ensure consistency and quality control second to none. Last year, more innovative blends like Altadis’ Warlock and General’s new La Gloria Cubana offerings showed that bigger doesn’t need to be bland. So in the new year I’m hoping the cigar industry’s biggest companies continue to pair their knack for consistency with boundary-pushing, innovative cigars.

More New Cigar Companies

It seems like every week I get another press release announcing a new cigar from a company I’ve never heard of before. In the cigar boom of the late 1990s, this was a symptom of the fact that anyone and everyone thought they could make money by bringing a new Don Nobody cigar to market. It would be easy to dismiss all the new cigars as another similar boom, but I’m inclined to think there’s an important difference: Today, most of the people behind new brands seem genuinely passionate about creating quality sticks. Sure, not all of them are great and not every new brand will succeed, but the net affect is a push towards better cigars as current companies feel pressure to maintain quality and remain innovative.

Enhanced Awareness of the FDA Threat

I think cigar smokers are finally catching on to the serious threat that smoking bans and cigar taxes pose to their hobby. The realization that FDA oversight of cigars poses a serious, if not mortal, threat to cigars is coming more slowly. If FDA bureaucrats and anti-tobacco advocates have their way, every new cigar brought to market would have to undergo months, if not years, of testing before it receives FDA approval. That burden would stifle all the new innovation I mentioned above, making it too risky financially for all but a few new cigars to reach the market in a given year. Hopefully, 2011 will be the year that all cigar smokers realize the grave threat that FDA regulation of cigars poses to the innovation that we’ve come to expect and enjoy.

–Patrick S

photo credit: Google Images

Yesterday, the FDA announced new graphic warning labels on cigarette packaging. The change is part of the so-called Family Smoking Prevention and Tobacco Control Act, which was signed into law in 2009 by President Obama and gives the FDA wide-ranging powers to regulate tobacco products—including the authority to regulate cigars without any further Congressional action.

The new warning labels take up the top half of the front and back of each pack of cigarettes. Unlike previous text warnings, they include graphics and many cartoon images. All cigarette packaging will be required to use the new warnings by June 2011.

A number of the warning labels portray situations that seem to have no basis in reality. One such image portrays a smoker deliberately blowing smoke in the face of a nonsmoker. Another label shows a cigarette smoker injecting a cigarette into his arm like heroin. The new warning labels come as the FDA is moving to expand its oversight to include cigars. And they follow a trend in cities, like New York, that seek to require tobacconists to display posters of decaying lungs and other anti-smoking messages.

Analysis

Like the New York City law, these new graphic warning labels will surely be challenged on the grounds that they violate protected first amendment rights. They steal valuable space  from tobacco retailers and manufacturers (who, contrary to the wishes of anti-smoking zealots, are protected by the Bill of Rights) and force them to subsidize a message with which they may disagree.

Furthermore, some of the messages are misleading—if not outright wrong. For example, the image of smoke being breathed in by a nonsmoker implies that brief exposure to secondhand smoke can cause lung cancer, even though scientific studies cannot support such claims and only show that prolonged long-term exposure increases the risk of lung cancer.

Critics would also be right in questioning the effectiveness of such graphic labels. There is little question that smokers are already aware of the many health risks of smoking, and evidence even demonstrates that both smokers and nonsmokers overestimate the risks of smoking.

While the new FDA labels won’t immediately impact cigars, there are serious ramifications going forward. The artwork and presentation of cigars has long been an important aspect of the cigar experience, and forcing cigar makers to add ugly warnings would damage those important aesthetics. What’s more, since cigars are often sold individually, the FDA could require each individual cigar to contain a warning, which would not only damage the look of the cigar, but increase the cost and impact how cigars are packaged and, thus, aged.

–Patrick S

photo credits: FDA

Last night, Cigar Rights of America held their first “CRA TV” webcast. The broadcast streamed live from CRA headquarters and featured CRA Executive Director Glynn Loope speaking about CRA’s important mission and how the group, which is less than two years old, is working to accomplish its goals.

Loope described the founding of CRA, citing a profound need for the voice for cigar consumers during the SCHIP tobacco tax battle. He then provided a comprehensive list of the states where CRA has been active in the past two years fighting smoking bans (NC, SD, CO, KY, NE, IN, PA, AL, MI, TX, LA, VA, KS, CT, WI, and NV) and fighting tobacco taxes (KY, AR, HI, CA, NH, OR, PA, UT, MI, FL, NY, WA,  and MA).

Loope reminded viewers that these battles are important not only for the states directly affected, but because opposition sends a message to those considering similar measures elsewhere. For example, he sees a legal challenge to the New York City law mandating graphic anti-smoking propaganda posters be displayed whereever tobacco products are sold as critical not just for New York but because Boston and possibly other cities are considering similar measures.

Loope also reported on the ongoing rule-making process regarding FDA oversight of cigars. According to Loope, there is “no greater threat” to the cigar industry than FDA regulation of cigars.

Also addressed were the results of the recent election. CRA had endorsed four candidates for governor, 18 candidates for the U.S. House of Representatives, and two candidates for the U.S. Senate. According to Loope, all of these candidates won their races (except for two in the House), although two of the gubernatorial races were too close to call at the time of the broadcast.

When it came to endorsements and other actions by the CRA, Loope stressed that these issues are not partisan. He noted that there are “just as many Republican governors signing smoking bans as Democrat governors.”

Loope  announced that the CRA TV broadcast would become a regular weekly way of communicating with members and cigar consumers. Next week’s show, scheduled for Friday, will be live from Casa Fuente in Las Vegas; the exact time has yet to be announced.

Two other announcements were made on the broadcast: First, a new CRA Cigar Sampler will be coming soon. Like past samplers, revenues will support Cigar Rights of America. It is expected out for the holidays. Second, a consumer advisory council will be formed to further ensure that cigar consumer voices are heard, although no details were released about the board’s composition.

–Patrick S

photo credit: Cigar Rights of America

Two weeks from today, voters will go to the polls to vote for everything from local school board and town dogcatcher to senator and governor. No one can credibly say that this election will be all about cigar rights or tobacco issues, but that doesn’t mean cigar smokers can’t use the opportunity to make their voices heard.

For those who doubt that elections matter, you might re-read our story from two years ago about Obama and McCain’s positions on key cigar issues. We predicted that under Obama the SCHIP tax and FDA regulation of tobacco would be signed into law, and that Obama would make some initial steps toward normalizing relations with Cuba—all of which came true.

So for cigar smokers worried about their rights going forward, here are three ways you can maximize your impact:

Research Your Candidates

Find out where your candidates stand on important issues like cigar taxes and smoking bans. The easiest way to predict how a politician will vote in the future is to see how they voted in the past. If a candidate hasn’t held office before or hasn’t made any votes on the issue, the next best indicators are public statements either in a news article or on a the candidate’s website.

Also, look to see who is supporting their campaign with contributions. If local restaurant associations support them, it’s probably a good sign that they’re against local smoking bans, while if a local anti-smoking group is saying good things about a candidate, it usually means they’ve pledged to support smoking restrictions. Finally, you can always call and ask a candidate’s position, but be aware that politicians are likely to tell potential voters what they think they want to hear, so take any answer you get with a grain of salt.

Focus Local

Focusing your attention on smaller races has many advantages. First, with the FDA bill and SCHIP tax having already passed Congress, most of the action is taking place on the state and local level where anti-tobacco activists are looking to expand smoking bans to restaurants, bars, and even outdoor locations. Second, in smaller races there are fewer voters, which means your vote and that of your fellow cigar smokers can have a large impact.

Invite your local candidates down to your cigar shop and ask them tough questions about their view of the role of government when it comes to smoking (and be sure the shop is particularly busy that day). They may be glad to get the chance to meet with groups of voters, but it will also remind them that anti-tobacco laws have victims, and that those victims vote.

Speak Up Now

Politicians are more responsive to their constituents in the run-up to Election Day. That makes now the best time to let all the candidates, whether friendly to cigar smokers or not, know that smoking bans and tobacco taxes are important to you. When key votes come, you want politicians to be forced to consider the consequences at the ballot box.

For years the anti-smoking lobby has been very vocal as they push for higher taxes, smoking bans, and other laws that take us closer and closer to complete prohibition of smoking. The key to reversing the trend is applying pressure in the other direction, so that politicians know that appeasing the anti-tobacco zealots will have consequences.

Groups like Cigar Rights of America can help with activities like their Smoke the Vote campaign. Ultimately, though, individual smokers need to make their voices heard so cigar smokers can become a meaningful consideration for candidates looking to get elected. Keep that in mind in the next two weeks, on Election Day, and every day thereafter.

–Patrick S

photo credit: Stogie Guys