Premium Cigar News and Notes

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Celebrating Baseball’s Timeless Bond with Cigars

Baseball and cigars have woven a unique tapestry in American culture, symbolizing not only a bond of tradition and camaraderie but also celebrated collective memory and individual leisure. With the…


The Impact of a New Trump Administration’s Policy on Agencies

By Mike Copperman President Biden and former President Donald Trump have secured the necessary number of delegates to clinch their party’s presidential nomination, paving the way for the inevitable rematch…


The Looming Shadow: Generational Smoking Bans and the Premium Cigar Industry

By Mike Copperman The Supreme Judicial Court of Massachusetts’ decision to uphold the town of Brookline’s decision to implement a generational smoking ban, prohibiting the sale of tobacco to anyone…


Canada’s Controversial Move: Individual Cigarette Warning Labels Spark Debate in Tobacco Control

Since 2001, Canada has taken an aggressive stance regarding tobacco control measures. Once again, it has set new standards with the introduction of individual cigarette warning messages to discourage smoking,…


Celebrating Women’s Integral Role in the Premium Cigar Industry

In an industry often associated with tradition and masculinity, the pivotal role of women in the premium cigar world is increasingly gaining recognition. From the rolling factories of Latin America…


FDA’s Nicotine Regulation Efforts

By: Mike Copperman, Executive Director of Cigar Rights of America The U.S. Food & Drug Administration’s (FDA) Center for Tobacco Products (CTP) recently issued a quarterly update on its activities,…

Cigar News

Washington: CRA monitors federal policies across the tobacco regulation space as part of our efforts to protect premium cigars. This monitoring is critical to understanding the larger trends and perspectives at the FDA as they emerge and evolve. While this article on FDA Commissioner Dr. Robert Califf's efforts to lobby the White House regarding the long-delayed menthol ban does not directly address CRA's regulatory concerns surrounding premium cigars, as defined by Judge Amit Mehta (see footnote 7), it is a critical example of how important it is to understand FDA's approaches to their other regulatory efforts as analogs to inform how they are likely to engage premium cigars at the end of their current appeal-process in federal court.

As part of this strategic process, we filed a comment with the FDA on August 3, 2023, regarding their recent proposed flavored tobacco product policy. While CRA does not take a position on flavor and menthol bans generally, we do engage on such policies to advocate for premium cigars to be exempted, to avoid inadvertent overregulation, and we expect to do the same when the menthol ban is proposed in the Federal Register. While premium cigars are currently unregulated by the FDA, we must continue these efforts to insulate premium cigars from the FDA's future efforts to re-regulate us, something they have repeatedly signaled they intend to pursue at the end of the current appeals process.

Washington: In this article by Bloomberg's Suzanne Monyak, a significant but underappreciated side-effect of the pending SCOTUS decision in Loper Bright Enterprises v. Raimondo is raised: Agencies' being deluged with lawsuits addressing their regulations. As discussed in this prior article by CRA's Cody Carden Loper Bright, a case about Chevron deference could drastically alter the courts' capacity to second-guess agency rulemaking. This will likely drive massive numbers of plaintiffs into court, challenging a rule-making process that, to this point, has been highly deferential to Agencies over the past 40 years. This is significant for CRA not only because we would be able to force the FDA to be more diligent in their rule-making, but also because the increased work-load on net would make the need for them to prioritize the most pressing issues all the more, and, as recommended by the Reagan-Udall Foundation, deprioritize premium cigar regulation, an issue which has not only consumed a disproportionate amount of their time, money, and which, even with the high level of deference granted to them under Chevron, has led to losses in federal court.

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