CRA’S CIGAR CORNER
BY J. GLYNN LOOPE
I
wrote my first article on the threat
of cigar regulation by the U.S.
Food and Drug Administration
(FDA) on June 12, 2009. Since then,
there have been dozens of articles and
speeches; hundreds of congressional
briefings, agency and industry sessions
(with Latin American embassies, the
White House, and coalitions of support-
ing organizations); tens of thousands of
emails; hundreds of hours of conference
calls, research, and consultants working
around the clock, as all of us who have
a passion for great cigars have worked to
make our voices heard and to protect one
of life’s simple pleasures.
On May 5, 2016, President Obama’s
administration decided to ignore all of
that and issue 499 pages of regulations,
with a solid 30 pages attacking premium
cigars, for the first time in history.
It’s the arrogance of the document
that is most striking. The FDA opted to
ignore all submitted data on health anal-
ysis, as it specifically pertains to premium
handmade cigars. The agency chose to
change the game of statistical analysis
by tossing in the demographic of “young
adult” to reach the age of 29 to dramatize
the number of people who enjoy cigars.
FDA specifically attacked the remain-
ing cigar factory in America by subject-
ing the J.C. Newman Cigar Factory in
Tampa to the same harsh standards as
all other tobacco products. The agency
specifically noted how boutique and lim-
ited release cigars would be subject to the
same bureaucratic rigor and expensive
compliance measures as all other prod-
ucts and releases. FDA also specifically
noted, in condescending and belittling
language, that you can no longer enjoy a
complimentary cigar at your local shop.
This is social engineering and “nanny
state” measures at their worst.
The most damaging components of
the final regulation are summarized as
follows:
FDA’s Flawed Final Rule
In recent years, Congress has noted
through Appropriations report language
the distinction between premium hand-
made cigars and other tobacco products,
particularly as it relates to youth access
and the negative health effects of ad-
diction and inhalation. Youth under the
The Moment
the Cigar
Industry Changed
Forever
✃
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TOBACCO BUSINESS INTERNATIONAL
JULY/AUGUST 2016