New legislation looks to further nullify any FDA oversight regarding handmade cigars
A bill introduced on the Congressional House floor today seeks to exempt premium, handmade cigars from FDA regulation, as established by the Federal Food, Drug and Cosmetic Act. The legislation, being brought forth by Republican Rep. Byron Donalds of Florida’s 19th district, would exclude cigars from its broader “tobacco product” categorization defined by the act.
The Federal Food, Drug and Cosmetic Act essentially authorizes the U.S. Food and Drug Administration to regulate food, drugs, medical devices and cosmetics. These broad categories ultimately include “tobacco products,” which are broadly defined in the Act as “any product made or derived from tobacco, or containing nicotine from any source, that is intended for human consumption…” The goal of today’s proposal is to amend this portion of the Act, adding that premium cigars do not fall under this one-size-fits-all categorization of “tobacco products.”
Under the new bill, premium cigars would follow the same definition Judge Amit P. Mehta recently established in the cigar industry’s lawsuit battle with the FDA. This definition of a premium cigar would include the following parameters:
- Wrapped in whole tobacco leaf
- Contains a 100 percent leaf tobacco binder
- Contains at least 50 percent (of the filler by weight) long-filler tobacco (whole tobacco leaves that run the length of the cigar)
- Is handmade or hand rolled, meaning no machinery was used apart from simple tools, such as scissors to cut the tobacco prior to rolling
- Has no filter, nontobacco tip or nontobacco mouthpiece
- Does not have a characterizing flavor other than tobacco
- Contains only tobacco, water and vegetable gum with no other ingredients or additives
- Weighs more than six pounds per 1,000 units.
Back in January, the cigar industry notched yet another big victory against the FDA in the longstanding battle over regulating cigars. The United States Court of Appeals for the District of Columbia shot down the FDA’s appeal, which sought to overturn the 2023 ruling by Judge Mehta that ruled against the FDA’s application of the Deeming Rule on the cigar industry. The ruling spared the industry from a number of draconian regulations, but it did not fully remove the FDA’s ability to regulate premium cigars. Today’s legislation aims to take that next step in excluding premium cigars from FDA regulation.
Rep. Donalds introduced similar legislation during the previous Congressional session, and while it gained 13 co-sponsors, it stalled in the committee stage largely due to the election. The original co-sponsors of today’s legislation are Congresswoman Dina Titus (D-NV), Congressman Nick Langworthy (R-NY) and Congressman Jimmy Panetta (D-CA).
“Congressman Donalds’ leadership in introducing this bill is a victory for premium cigar manufacturers, small businesses and the countless American consumers who appreciate these handcrafted products,” says Mike Copperman, executive director of Cigar Rights of America. “This legislation is not just about regulation, it’s about preserving an industry and ensuring that premium cigars are treated fairly.”
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