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ogy to do the mandated testing did not

exist. In others, requests for lab time

backed up due to the constantly evolv-

ing and inconsistent requests for “new

data” made by FDA.

The real turning point, however, be-

gan in early 2018 and through the

spring of 2019. As the number of cigar

companies rapidly decreased from over

165 to about 50, the prediction of the

U.S. Small Business Administration be-

gan to unfold. Industry consolidation

accelerated, and brand owners began to

shutter. As a result, production levels in

Latin America were affected. Labor un-

rest in this economically and politically

sensitive region became an issue in elec-

tions, with diplomatic relations becom-

ing strained, as the impact of that day in

May of 2016 became readily apparent.

As consolidation and shrinking re-

shaped the industry, the retail sector

became adversely affected as well. Over

750 community tobacconists closed their

doors by October of 2019, with the major

urban markets having the most locations

for cigar sales. The impact on state and

federal tax collections was as predicted—

a shortfall ensued, causing state and local

governments to demand answers.

Then there were the consumers, the

patrons of those once-vibrant cigar

shops, local clubs and lounges. Choices

became limited; releases were scarce,

production became even more limited

and traditional releases marking mile-

stones or the availability of unique to-

bacco simply could not get through the

federal bureaucracy.

The outcry from all sectors of the in-

dustry again called for legislative action.

The governor of Florida demanded con-

gressional hearings, while the governors

of Pennsylvania and Connecticut called

upon their federal delegations to reverse

the 2016 regulations.

Within weeks, the Traditional Cigar

Manufacturing and Small Business Jobs

Preservation Act was reintroduced for

the sixth time. However, with the im-

pending 2020 elections, this time it not

only carried the support of the Florida

and Pennsylvania congressional del-

egations as the base, but with the elec-

toral significance of these two states, it

coupled with a dozen other states that

resoundingly endorsed the legislation.

On October 1, 2020, the president of

the United States endorsed the bill and

called for an executive branch review to

work toward revision of the regulations,

more in keeping with a common sense

approach to the 2016 rule. But was the

president’s action too late?

While the story above is all make-

believe, many facets of the narrative are

grounded in scenarios that are within a

hypothetical reality, depending on how

the recently issued federal regulations

on cigars is implemented if not ad-

dressed by the Congress or courts.

While we will not speculate on any

judicial action, the ability of Congress to

protect both the industry and your abil-

ity to simply enjoy a cigar is clear. They

must advance the exemption language

from regulations as adopted in April

2016 by the U.S. House of Represen-

tatives Appropriations Committee and

strive for a means to make that exemp-

tion permanent.

By this writing, there will be about

eight weeks left this year for Congress

to act. They need to hear from you, as

never before, that cigar manufacturers,

retail and distribution channels and you,

the consumer, deserve and demand that

premium handmade cigars should not

be subject to draconian federal regula-

tions that will assuredly alter the course

of cigar history.

We are asking for every manufac-

turer, retail tobacconist and consumer in

America to call their two United States

senators and members of Congress.Visit

their district offices, call the local office,

and call the Washington, D.C. office to

voice your disapproval of the cigar regu-

lations. Get your cigar brethren together

for a group call. Invite these politicians

to your local cigar shops and host a “Ci-

gar Town Hall.” Tell them who you are:

cigar voters.

Tell them to support H.R. 662, S. 441

and the actions of the House Appropri-

ations Committee. Call for exemption

and for “no funding for FDA actions

against premium cigars.”

Tell them you are watching, and will

remember on Election Day. We can as-

sure you that 2020 will be determined

by what happens in 2016.

J. Glynn Loope is

executive director

of Cigar Rights of

America.

CRA’S CIGAR CORNER

BY J. GLYNN LOOPE

CRA ISSUES

OPEN LETTER

TO PRESIDENTIAL

CANDIDATES

Cigar Rights of America has issued an

open letter to the U.S. presidential can-

didates outlining the economic and dip-

lomatic issues surrounding the proposed

regulation of cigars. The letter addresses

the economic foundation of the industry

in Florida, as well as the direct economic

relationship with states such as Penn-

sylvania, Connecticut, Nevada and Loui-

siana—all of which are significant in the

national political landscape.

The message by CRA to the candidates

also addresses the failure by FDA and the

presidential administration to undertake a

comprehensive economic impact analysis

of the regulations, as requested by the

mayors of Miami, Tampa and Las Vegas,

as well as Congressman Joe Courtney.

The letter also raises the issue of ad-

verse economic consequences for wom-

en- and minority-owned enterprises as-

sociated with premium cigars, in addition

to the vast consequences for relations

with Latin America.

A full text of the CRA message to the can-

didates can be found at

tobonline.com

88

TOBACCO BUSINESS INTERNATIONAL

SEPTEMBER/OCTOBER 2016