New FDA Regulations over Tobacco

[SaintLuis]

See below on the the proposed rules on Tobacco in the US that will allegedly spare premium cigars (but not really).

Article from Cigar Aficionado

The Food and Drug Administration announced today plans to enact greater restrictions over the tobacco products sold in the United States. The government agency—which was given control of the U.S. tobacco industry in 2009 by an act of Congress—intends to further restrict the sale of tobacco products and to increase FDA’s involvement in the process of making and selling tobacco products in the United States, but the organization also said that it would consider an exemption for the premium cigar industry.

The FDA wrote that it was proposing an option “to exclude from the scope of this proposed rule certain cigars that we refer to as ‘premium cigars.’” The agency is seeking comment from the public on the possibility of carving out the exemption, and over the next 75 days, people will be able to voice their opinion about the possibility.

The vast majority of cigars sold in the United States are made on machines, so called mass-market cigars that count their sales in the billions of units annually. Those cigars can be the size of a cigarette or the size of a traditional cigar, some have filters and most are made with a mixture of ingredients. Premium, hand-made cigars count their sales in the hundreds of millions (some 314 million were imported into the United States in 2013) and they are made by hand, with long-filler tobaccos. The vast majority are made with only one ingredient, cigar tobacco.

Reaction to the 241-page-document was mixed, but leading voices in the world of premium cigars were encouraged by the possibility of an exemption from FDA control.

“It appears that two years worth of education work has paid off to a degree because it does seem that [the FDA is] recognizing the difference between premium cigars and e-cigarettes and mass market products,” said J. Glynn Loope, executive director of Cigar Rights of America, a group made up of consumers and cigar manufacturers that lobbies for cigar smokers’ rights. “This public comment period is going to be critical to further drive that point home.”

“I’m definitely encouraged that the FDA seems to be listening to the premium cigar industry,” said Hans-Kristian Hoejsgaard, CEO of Oettinger Davidoff AG.

Said Rob Levin, owner of the Ashton brand: “The fact that the FDA has separated premiums, in one regard or another, is a huge plus.”

Eric Newman, president of Tampa’s J.C. Newman Cigar Co., agrees. “Where I was pleasantly surprised was the reference to the FDA taking a special look at premium cigars. I think that’s a real credit to the people involved with the CRA. The premium cigar industry did a heck of a job educating the legislatures and FDA on how special and different premium cigars are from other tobacco products.”

“We have been actively working with the FDA and members of Congress for the past four years, and have partnered with industry trade associations to advocate that premium cigars are a unique category in tobacco,” said Dan Carr, president of General Cigar Co. “The regulatory process has now begun in earnest… We are hopeful that Center for Tobacco Products will make scientific-based decisions that will allow adult consumers to continue to responsibly enjoy premium cigars.”

Craig Williamson, president of the Cigar Association of America, was unable to comment by press time for this edition of the article.

Cigarmakers in the premium sector have lobbied for the exemption, and have support in Congress: more than 154 representatives and some 15 U.S. senators have agreed to support the exemption.

Cigarmakers fear what could happen to the premium cigar business should the FDA not grant the industry an exemption and move forward with all of its proposed regulations, which could include FDA inspection of factories and control over new product releases.

“The FDA doesn’t understand how complicated the premium cigar sector is as opposed to other segments of the tobacco industry,” said Rocky Patel of Rocky Patel Premium Cigars Inc. “We’re not using machines and pressing buttons. There is no set formula. There is no set manufacturing process. It’s not like making a pharmaceutical drug, and it will take years before they can learn how to make educated decisions on the premium cigar industry and the general public. I make a natural product. To put us in the same category as e-cigarettes, flavored machine-made cigars and blunt-wraps is an insult to the business and to the entire culture.”

“Right now, we’re not totally clear on the final regulation decisions, but my concern is that the FDA will impose best-manufacturing practices like ISO 9000 standards, which are very, very expensive to satisfy,” said Alan Rubin, owner of Alec Bradley Cigar Co. “Some of the small manufacturers might not be able to comply. It could shut them down completely and the smaller manufacturers are what’s driving a lot of excitement and innovation in the industry right now….Premium cigars take up such a small segment of the tobacco business but the FDA paints in very broad strokes and tries to broad-brush the premium industry with mass-market tobacco. We should have an exemption so that the FDA can better understand our industry. We are very niche and we don’t market nor appeal to children. If they’re trying to protect kids from tobacco, they don’t need to protect them from us.”

Another potentially detrimental regulation would prohibit the distribution of free samples.

“That’s decimating,” said Loope. “How do you hold a multimillion dollar trade show, how do you market new cigar products if you’re not allowed to provide samples?”

Cigarmakers said the real work was ahead, and that the public commentary was essential.

“Now it’s up to us,” said cigarmaker Litto Gomez of La Flor Dominicana. “We need to mobilize every cigar smoker.”

Said Patel: “This is the most important time for everyone in the industry to make their voices heard. The FDA takes these comments very seriously.”

“The upcoming public forum is critical right now,” said Jeff Borysiewicz, owner of Corona Cigar Co. “It is very important for consumers to comment on premium cigars in the upcoming 75 days. The FDA looks at every comment and is required to respond. If we don’t push back enough, nothing will happen. Antismoking activists are going to get a lot of people to comment on the forums. It’s a numbers game and we all need to participate and make our voices heard.”

http://www.cigaraficionado.com/webfeatures/show/id/17604

[SaintLuis]

From Marvin Shanken, pleading all BoTL to comment before the FDA comment period expires on 7/9/14

The Food and Drug Administration recently published rules to extend its strict control over all tobacco products—not just cigarettes—but it may yet exempt premium, hand-rolled cigars. That seems like good news for cigar smokers.

But there are some big storm clouds out there. Here atCigar Aficionado, we define premium cigars—the ones we write about—as being made by hand, from 100 percent tobacco leaves and without any flavorings or filters. Period. No machine-made cigars—at all. The FDA largely agrees with that definition. But they put some limits on them: A true premium cigar must weigh more than six pounds per thousand, and cost more than $10. What!?

We rated 608 non-Cuban cigars in 2013. The majority of them—416 to be exact—cost less than $10, and only about 32 percent cost more than $10. In other words, under the FDA's new rule, about 70 percent of the cigars we rated last year wouldn't be considered premium cigars. That's just wrong. Even in our top 25 cigars of 2013, a list of the best cigars in the world that we rated, 12 of them came in less than $10.

We are the first to say that Cigar Aficionado focuses on the finer things in life. We do appeal to an educated, sophisticated and upscale audience. But a cigar doesn't have to break the bank. We've always called a cigar one of life's great, affordable luxuries. It doesn't have to cost an arm and a leg. In fact, a cigar shouldn't be priced out of the reach of a dedicated cigar aficionado. And, $10 is simply not a good gauge.

The really good news is that you, every smoker and every reader of Cigar Aficionado, can make a difference. The FDA is inviting comments from the public. It is imperative that the cigar-smoking community speaks out to argue for a realistic definition of a premium cigar. The FDA, thanks to intense efforts by the cigar industry and this magazine, has already gotten it mostly right. But now they need to hear from you—the people on the ground who walk into tobacco shops to buy cigars—about what constitutes a reasonable policy toward this product enjoyed in moderation by adults.

Follow the link below to tell the FDA you want an exemption for premium cigars. And, let them know in no uncertain terms that a premium cigar doesn't have to cost $10 to be considered premium. The government shouldn't force you to spend $10 or more on a good $7 cigar.

The comment period ends on July 9th. The time to act is now.

http://www.cigaraficionado.com/blogs/show/id/17611?utm_source=SilverpopMailing&utm_medium=email&utm_campaign=A%20Message%20from%20Marvin%20May%202%202014%20(1)

[SaintLuis]

Here's a copy of what I submitted. Feel free to use it as a basis for your own submission.

The currently proposed exemption on premium cigars incorrectly describes them, and arbitrarily and incorrectly would mischaracterize the vast majority of premium cigars as not being so.

Specifically, the categorization that they weigh more than six pounds per thousand, and cost more than $10, is totally inaccurate and random way to describe a premium cigar. The definition describing 100 percent tobacco leaves without any flavorings or filters, and that they be hand rolled is proper and complete.

There are plenty of good and very high quality cigars that are hand rolled, crafted with high quality tobaccos, and meeting high and strict standards that would not meet the current proposed language's test, specifically the $10 price hurdle (which is high). That would alone would arbitrarily exclude 75% of the current premium cigar market.

Please amend the definition as noted above, so as to properly exercise regulation over premium cigars. These are not the troubling tobacco products that are plaguing portions of our society like addictive cigarettes and mass produced junk cigars. Instead, they are a part of an epicurean culture that equates to and often overlaps that of oenophiles and gastronomes.

Thanks for your consideration.

Saint.

[Habana Mike]

Comments can be made here: http://www.regulations.gov/#!submitComment;D=FDA-2014-N-0189-0001

I've done so and encourage others to do the same. It is stated on the site that well-supported individual comments may have more impact than 1000 form letters.

Speak up people!

[canadianbeaver]

Wouldn't "The definition describing 100 percent tobacco leaves without any flavorings or filters, and that they be hand rolled is proper and complete." also describe a joint? And could the $10 threshold be an arbitrary number to reflect the comparable price of a package of premium cigarettes?

I am totally in agreement with the articles above, just playing the devil's advocate. Also, with the taxes we pay here, the 10 buck cigar is a no brainier. A Behike 54 is $90 retail.

[Habana Mike]

Wouldn't "The definition describing 100 percent tobacco leaves without any flavorings or filters, and that they be hand rolled is proper and complete." also describe a joint? And could the $10 threshold be an arbitrary number to reflect the comparable price of a package of premium cigarettes?

I am totally in agreement with the articles above, just playing the devil's advocate. Also, with the taxes we pay here, the 10 buck cigar is a no brainier. A Behike 54 is $90 retail.

Well, except for the tobacco part I guess

Mostly long-filler would be required though to differentiate from 'roll your owns'

[garbandz]

"Follow the link below to tell the FDA you want an exemption for premium cigars. And, let them know in no uncertain terms that a premium cigar doesn't have to cost $10 to be considered premium."

"The government shouldn't force you to spend $10 or more on a good $7 cigar."

MY government has been doing this for years!!!!! Have you ever heard of TAXES ???

[canadianbeaver]

Well, except for the tobacco part I guess

Mostly long-filler would be required though to differentiate from 'roll your owns'

My mistake. Hemp vs Tobacco. The rules and discussion about the two are equal in their controversial profile. So I guess it's an old argument.

[SCgarman]

Wouldn't "The definition describing 100 percent tobacco leaves without any flavorings or filters, and that they be hand rolled is proper and complete." also describe a joint? And could the $10 threshold be an arbitrary number to reflect the comparable price of a package of premium cigarettes?

I am totally in agreement with the articles above, just playing the devil's advocate. Also, with the taxes we pay here, the 10 buck cigar is a no brainier. A Behike 54 is $90 retail.

Here in the US there are many good non-Cubans that sell for under 10 dollars. Fortunately, we are not yet on par with Canada as far as onerous and excessive taxation. No 90 dollar cigars here, LOL

[fookite]

Here in the US there are many good non-Cubans that sell for under 10 dollars. Fortunately, we are not yet on par with Canada as far as onerous and excessive taxation. No 90 dollar cigars here, LOL

I take it that you haven't browsed a Gurkha catalog recently!

[Fosgate]

Two words. "Slippery Slope" When has any politician let things be. Today there will be an exemption and once it passes then they will simply remove the exclusion.

[DWC]

Thanks for posting the link, making it very easy to post a comment. I don't think I would have done that on my own without a little prompting.

I work in the aviation industry and the FAA has the same format for accepting comments on proposed regulations. We have been very successful amending stupid rules before they were enacted. If you think commenting on something like this is empty and fruitless, you are wrong. We can make a difference!

Dan

[bigbwalls]

Just posted a comment as well. Thanks for the link.

[Wallbright]

Thanks for the links! I just made a comment.

[SaintLuis]

[Pixa]

Cant really see how this work would work in the USA would different states have different cigars that are exempt from the FDA due to the higher tax making them above the 10 dollar limit. Or would it be on RRP in that case they are all safe the amount of yard gars I have seen advertised at $90 reduced from over $300 makes it a joke. I am not jealous of your prices at all a yard gar over here starts at $12. Hell a pack of 5 backwoods is $20

[SaintLuis]

My guess on that was that this was price sans taxes.

So to give you an idea what that means, and Ashton VSG Tres Mystique wouldn't be considered premium.

Neither would most all Padrons (barring specials), Tatuaje, Cabaiguan, etc. Most Ashton/Fuente would be regulated. It's just silly.

Either prices would get upended to meet the premium moniker, or lesser priced premiums would be subject to the whims of the FDA's regulations.