FDA’s Deeming Regulations – An Update?

As 2015 comes to an end and 2016 begins, we at Stogie Press asked the question:

Where do we stand on the FDA Regulations regarding premium cigars & tobacco products?

Currently, we are exactly where we were last year at this time. The FDA continues to evaluate the information it has gathered, and has made no decisions regarding the “deeming policies”. The comment period, which ended in August 2014, had over 135,000 comments.  The comments varied from supporting the FDA’s efforts to control tobacco use (21.4%), to asking for more time to make comments (which the FDA declined), to asking to exempt cigars altogether & to change the definition of a premium cigar to not include the $10 price point. There were write in campaigns, as well as email campaigns with a lot of overlaps. There were even several campaigns launched to change the regulations for the sake of the J.C. Newman factory in Tampa, Florida. Although there were a few comments regarding the pipe tobacco industry, and the e-cigarette business, a great majority of the comments revolved around the premium cigar industry, asking the FDA to change the regulations for the sake of the industry, the small businesses that exist to cater to the cigar smoker & for the cigar smoker themselves.

The disturbing number for the cigar industry is the 21.4% that approve the regulations. There was a separate campaign launched, with over 4300 signatures, asking to make cigar regulations stronger then what is already proposed. This was organized by the Campaign for Tobacco Free Kids.

Also disturbing to the cigar industry is the FDA’s description of cigars. In its Consumers Update webpage titled “Recognize Tobacco in its Many Forms”, the description of cigars is as follows:

“Cigars, Little Cigars, Cigarillos

Generally, cigars are cured tobacco wrapped in leaf tobacco or a substance containing tobacco. Cigars vary in size — with smaller sizes sometimes referred to as little cigars or cigarillos. Large cigars can deliver as much as 10 times the nicotine, 2 times more tar, and more than 5 times the carbon monoxide than a filtered cigarette. Although cigarettes with characterizing flavors are illegal, there are products available on the market that look like cigarettes but are labeled as “little cigars,” and some include candy and fruit flavors that appeal to adolescents and youth adults. Cigars also may appeal to youth because they may be less expensive than cigarettes. In addition, young adults may think that cigars are less addictive and present fewer health risks than cigarettes.”

It seems that the mass produced cigars sold in gas stations & convenience stores, such as Swisher Sweets & Drew Estates Acid line, is what the FDA is considering as “cigars”. Although they recognize in their other documents that there is a difference between these machine made cheap cigars, and a hand rolled premium cigar, that is not present in the information that they are displaying to the general public. Instead they focus on the mass marketed cigars, stating the appeal these cheap products have with young people and that the flavors are enticing to youth, making them “starter” tobacco products.

The cigar industry does recognize the damage that these cheap, flavored products do to the industry’s reputation, and would like the FDA to control the sale of these products. Cheap products simply cheapen the entire industry, making it harder for cigar producers to market a top quality product to the uninformed consumer. If the FDA could focus its attention on these flavored products, it would help the entire industry instead of damning everyone. The consumer would then understand that a cigar is not just a roll of tobacco to be taken apart & have other leaves inserted, but instead, an investment in time and the people who are dedicated to producing a cigar, both here in the US and in the tobacco growing regions of Central America and the Caribbean

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To that end, we at Stogie Press, would like to encourage all cigar lovers who enjoy our site to please contact the new Speaker of the House, Paul Ryan, and let him know how we feel about the FDA’s deeming regulations.  His phone number is  (202) 225-3031.