FDA CHOOSES OPTION 1, WILL REGULATE PREMIUM CIGARS

[PigFish]

For those of you newer to the forum, you might ask Rob about his experience with his 'official tobacco liaison.' While I cannot recite it word for word, I understand that he was left with the understanding that he could not legally talk cigars with his own father at his own birthday party, as he is considered first a tobacco merchant, and not someone's son!!!

This is the height of the stupidity of leftist government.

[NSXCIGAR]

Not 100% certain, but my understanding, and the belief of most, is that since they weren't legally available on the US market, they will not be grandfathered in. Of course any of this is subject to change, but right now it doesn't look good for legal CCs, either.

Here is an article that explains this in more detail.

I concur with that assessment based on the available material. "Introduced" and "on the market" would mean specifically available for sale in the US prior to those dates, and CCs are obviously not.

As I said, I'm hoping for a loophole in the branding situation as many of the Cuban brands have been available here for decades, but I think the FDA and the courts will see right through that one as the countries of origin are different, and are thus fundamentally different products. Not to mention the brand issues themselves that need to be sorted out regardless between General Cigar and HSA prior to sale in the US.

Perhaps if HSA absorbs, re-acquires or reclaims the rights of the existing NC Cuban brands that are currently sold in the US there's a small chance the FDA would let if fly--a very small chance. But I have no doubt the FDA and its army of lawyers will fight to the death to prevent that.

[PigFish]

... ahh, yes!

Prophetic!

Government solutions? Pathetic! Yet another lesson on why business move offshore!

Three cheers for the black market! Hip-hip... Hooray!

This will actually make Cuban cigars more popular than ever...!

-Piggy

[TCContender]

I concur with that assessment based on the available material. "Introduced" and "on the market" would mean specifically available for sale in the US prior to those dates, and CCs are obviously not.

As I said, I'm hoping for a loophole in the branding situation as many of the Cuban brands have been available here for decades, but I think the FDA and the courts will see right through that one as the countries of origin are different, and are thus fundamentally different products. Not to mention the brand issues themselves that need to be sorted out regardless between General Cigar and HSA prior to sale in the US.

Perhaps if HSA absorbs or acquires or reclaims the rights existing Cuban brands that are currently sold in the US there's a small chance the FDA would let if fly--a very small chance. But I have no doubt the FDA and its army of lawyers will fight to the death to prevent that.

Well, technically CCs were available until the 1960s, what about the marcas and vitolas sold then? Would they not technically be grandfathered? That said, perhaps the silver lining to yet another overreach by the current administration would be that smaller ring gauge cigars may make a comeback if Habanos is confined to their '60s catalog of offerings.

[NSXCIGAR]

Well, technically CCs were available until the 1960s, what about the marcas and vitolas sold then? Would they not technically be grandfathered? That said, perhaps the silver lining to yet another overreach by the current administration would be that smaller ring gauge cigars may make a comeback if Habanos is confined to their '60s catalog of offerings.

That's actually an interesting point. Seems specious at first glance, but it might be a legitimate legal argument. I'd imagine the FDA could clarify to say the products must have been introduced or on the market during the reign of the FDA or ATF or some such entity.

Unfortunately, I fear it will all be mostly grasping at straws in the end...

[SCgarman]

Well, technically CCs were available until the 1960s, what about the marcas and vitolas sold then? Would they not technically be grandfathered? That said, perhaps the silver lining to yet another overreach by the current administration would be that smaller ring gauge cigars may make a comeback if Habanos is confined to their '60s catalog of offerings.

You are making hypothetical conclusions as if Cuban cigars were legal in the US, and we all know they are not as the embargo is still in place. So take Cubans out of the FDA ruling equation. This ruling is pertinent to all premium cigars from Dominican, Honduras, and Nicaragua.

[TCContender]

You are making hypothetical conclusions as if Cuban cigars were legal in the US, and we all know they are not as the embargo is still in place. So take Cubans out of the FDA ruling equation. This ruling is pertinent to all premium cigars from Dominican, Honduras, and Nicaragua.

Agreed, my concern was with CCs as that is all that I smoke. I do empathize with those that enjoy NCs, as I know that this will be a major thorn in their side.

[MaxG]

You are making hypothetical conclusions as if Cuban cigars were legal in the US, and we all know they are not as the embargo is still in place. So take Cubans out of the FDA ruling equation. This ruling is pertinent to all premium cigars from Dominican, Honduras, and Nicaragua.

They've always been and still are legal in the US. Just none imported after the embargo, unless purchased on a sanctioned trip to Cuba (up to $100).

Pre-Embargo Cuban cigars can be legally advertised and sold today in the US.

It IS grabbing at straws and picking nits, but juries and judges have been convinced of weaker arguments.

- MG

[Zigatoh]

Looks like americans will be importing new NCs as well as all CCs...

[TCContender]

Looks like americans will be importing new NCs as well as all CCs...

I would MUCH rather buy from Rob via internet/post than a B&M in the US. First, I know that the prices at FOH are minimally 30% lower than I would pay after US taxes. Second, I know that I am getting a quality product on FOH, just try to open a box before purchase at a US B&M - typically they will not break the cellophane and seals.

[ElLoboLoco]

I am not so sure, the folks that chase the hot new releases are most likely also buyers from abroad already or at least aware of the possibility. I think Joe Consumer will revert back to the pre 2007 cigars as Johnny Come Lately brands just fad away with exception to some more successful boutique brands being sold outside of the US.

My guess but who knows.

[luv2fly]

... ahh, yes!

the-nine-most-terrifying-words-in-the-english-language-are-im-from-the-government-and-im-here-to-help.jpg

Prophetic!

Government solutions? Pathetic! Yet another lesson on why business move offshore!

Three cheers for the black market! Hip-hip... Hooray!

This will actually make Cuban cigars more popular than ever...!

-Piggy

Yep. I remember being line checked by the FAA once. Introduced himself as so and so from the FAA. I could not help laugh.

[NSXCIGAR]

I would MUCH rather buy from Rob via internet/post than a B&M in the US. First, I know that the prices at FOH are minimally 30% lower than I would pay after US taxes. Second, I know that I am getting a quality product on FOH, just try to open a box before purchase at a US B&M - typically they will not break the cellophane and seals.

Right. Why again is anyone here even disappointed with this at all? Nothing will change for any of us anyways. I'm happy with the current state of affairs. Prices are low, quality is high and Rob is in business.

The state of Cuban cigars can only change and likely decline from here. And while I'd love Cuban cigars to become more popular, if it comes at the expense of quality, I'll selfishly say I prefer the status quo.