Lawmakers Push to Exempt Premium Cigars from FDA Oversight

Congressmen Andrew Garbarino (R-NY) and Kelly Armstrong (R-ND) have officially co-sponsored HJ Res. 99, a resolution aimed at permanently exempting premium cigars from U.S. Food & Drug Administration (FDA)regulation. This legislation seeks to amend the Federal Food, Drug, and Cosmetic Act to create a clear distinction between premium cigars and other tobacco products, ensuring these cigars are not subject to future FDA oversight.

This legislative effort follows the August 2023 U.S. District Court ruling, which vacated the FDA’s regulatory authority over premium cigars. While that decision was a significant victory for the industry, the ruling was appealed by the FDA and, after oral arguments earlier this month, is currently awaiting a ruling from the D.C. Circuit. Even if upheld, it does not provide long-term protection for premium cigars. Without a permanent exemption, premium cigars could once again face regulatory scrutiny from the FDA.

The importance of a premium cigar definition is not a new concept, but one that stretches back years. More recently, the issue came to the forefront again when it was highlighted in a recent issue of the Society for Research on Nicotine and Tobacco (SRNT). That SRNT issue focused on the regulatory science of premium cigars. Inherent in the journal was the growing consensus that premium cigars require a distinct regulatory and research approach, with a clear definition being a priority. HJ Res. 99 seeks to provide a remedy for this problem as it aims to establish a lasting solution by formally defining premium cigars and distinguishing them from mass-produced tobacco products like cigarettes and e-cigarettes, which are often the focus of public health regulations. Premium cigars, which are handcrafted and typically enjoyed in moderation by adults, should not be grouped in with these products, which pose different health concerns.

Beyond creating a formal definition, HJ Res. 99 seeks to protect not only the thousands of small businesses and jobs tied to the premium cigar industry, but also the rights of consumers to freely enjoy these cigars without the burden of restrictive regulations. Overly burdensome regulations could limit consumer access to premium cigars and unfairly target a product that is typically enjoyed responsibly by adults.

Cigar Rights of America applauds the efforts of Congressmen Garbarino and Armstrong and urges swift legislative action to pass HJ Res. 99. CRA believes that this resolution will provide much-needed stability and long-term protection for both the industry and consumers, allowing the premium cigar culture to thrive without the threat of future regulatory overreach.