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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

82

TOBACCO BUSINESS INTERNATIONAL

JULY/AUGUST 2016