CRA to Comment on FDA’s Proposed Nicotine Rule: A Threat to Premium Cigars and Common Sense

Cigar Rights of America (CRA) is preparing our comment to the Food and Drug Administration (FDA), challenging its proposed rule limiting nicotine content in tobacco products (the Nicotine Rule). This rule, which focuses on nicotine content within a product, rather than actual user exposure, reflects a fundamental misunderstanding of how different tobacco products are consumed and the profound differences between them.

CRA’s upcoming comment will center on the critical distinction between premium cigars and mass-market tobacco products like cigarettes and vapes. Premium cigars are handcrafted, natural products, made with centuries-old methods, and designed to be savored and appreciated. In contrast, cigarettes and mass-market tobacco products are mechanized and chemically modified to enhance addiction.

A core flaw of the FDA’s proposed rule is its reliance on nicotine content within a product, rather than the quantity which the user physically absorbs. This approach is fundamentally unscientific and unreasonably burdens premium cigars for, effectively, being a more natural product which does not artificially facilitate nicotine absorption. Cigarettes are chemically engineered to enhance nicotine addiction through chemical additives such as ammonia, which increases nicotine potency, and flavoring agents that make inhalation smoother, encouraging deeper absorption. Premium cigars naturally vary in nicotine content due to farming, curing, and fermentation processes. Crucially, premium cigars are not generally inhaled, unlike cigarettes, because the unique fermentation process of premium cigars makes inhalation painful. This means that only a small fraction of the nicotine in a premium cigar is absorbed by the user, unlike cigarettes, which are engineered for rapid nicotine delivery and addiction. 

The proposed rule would also inflict severe economic harm on the small businesses and local retailers which manufacture and sell premium cigars. Product restrictions would lead to a loss of in-store and online sales, thereby hurting local tax revenue. Premium cigars generate significant state tax revenue and support jobs in local communities. A ban on premium cigar would not reduce demand, it would eliminate these businesses and their economic impact.

Additionally, there are no practical ways to reduce nicotine in premium hand rolled cigars that wouldn’t destroy the flavor and aromatic qualities. The application of a nicotine rule would have the effect of banning premium cigars which contravenes the Tobacco Control Act statute.

Furthermore, restricting legal access would create a black market, leading to unregulated sales without age verification, lost tax revenue, and greater enforcement challenges, all without any public health benefit.

CRA believes this proposed rule is misguided and based on flawed assumptions. Instead of focusing on nicotine content within a product, the FDA should adopt an evidence-based approach that examines actual nicotine absorption and user behavior. A more sensible regulatory framework would acknowledge the distinct characteristics of premium cigars and recognize that they should be exempted from regulation due to the differences in consumption patterns, absorption, and addiction which result in vastly different mortality, morbidity, and youth usage and access concerns. The CRA believes that the FDA must adopt a regulatory framework based in science that protects public health without unfairly harming small businesses and responsible adult consumers.