Cigar Rights of America (CRA) attended the Food and Drug Law Institute’s (FDLI) 2026 Tobacco and Nicotine Products Regulation and Policy Conference in Washington. The two-day event brought together public health leaders, manufacturers, attorneys, and federal and state regulators. Most of the conversation this year was about e-cigarettes and nicotine pouches, but by understanding how, and more importantly why, the FDA is targeting those products, it helps CRA better understand which ideas could later be aimed at premium cigars.
A New Director and a Harm Reduction Agenda
The opening keynote was the first FDLI address by Bret Koplow since the Department of Health and Human Services named him permanent Director of CTP. Koplow called tobacco harm reduction the core of FDA’s vision. He described the “appropriate for the protection of public health” standard as a harm reduction standard in itself, because it weighs benefits to adults who smoke against risks to others, including youth. Most of the address dealt with the premarket tobacco product application (PMTA) process. Koplow pointed to FDA’s nicotine pouch pilot program, which has produced 23 authorizations, as a model. He said the agency is considering changes to the PMTA rule, and acknowledged that staffing challenges mean that approximately 5,300 substantial equivalence reports are still pending.
What Was Not Said, and What Was
On April 15, 2026, Judge Amit P. Mehta issued his final ruling in the CRA-led case that vacated premium cigars from FDA authority. The court rejected proposals to loosen the eight-part definition supported by CRA, and agreed with FDA that any refinements should come through formal rulemaking, and that last point is why CRA keeps attending. While the FDA does not presently show any sign of reregulating premium cigars, they still have the authority to try to regulate our industry through new rulemaking. Several remarks at this year’s conference deserve attention. On a panel about the 25 million Americans who smoke, two participants called for measures aimed directly at combustible products to make them less appealing and less addictive. Both said that if the Tobacco Control Act were rewritten, they would not grandfather any products. A third panelist complained that the Act prohibits FDA from banning entire classes of products. These are the types of details that are critical for us to keep track of to inform follow-up conversations and advocacy efforts.
Koplow also said FDA is looking at how products are marketed, not only what applications contain. He named high-value rewards programs as a tactic that may appeal to youth even when age minimums are in place. His comments were about other product categories. Even so, tobacconists who run loyalty programs should know that regulators are paying attention to this issue.
Some of what was said supports positions CRA has long held. Koplow cited a 2025 study finding that illicit products made up about 70 percent of e-cigarette sales in convenience stores. That is clear evidence that heavy regulatory and tax burdens push consumers toward unregulated sellers, which is the argument CRA makes against punitive state excise taxes on premium cigars. Panelists also agreed that flavors are not the only driver of youth use. That point is relevant to state flavor-ban debates, where CRA asks that products meeting the Mehta Definition be clearly exempt.
CRA’s goal remains the same. We want lawmakers and regulators at every level to adopt the Mehta Definition. It draws a clear line between premium and mass-market products, carries the authority of a federal court, and avoids price floors that penalize consumers of modest means. This year, FDA’s focus was on reducing harm, clearing its backlog, and fighting the illicit market. CRA will keep attending these conferences so that the distinct nature of premium cigars is understood in any future rulemaking.