Why Congress Needs to Pass the CIGAR Act

Last month, Congressman Byron Donalds (R-FL), joined by a bipartisan group of lawmakers, introduced H.R. 2111 – “Cutting the Invasive Government’s Arbitrary Regulations (CIGAR) Act”, a bill that would bring long-overdue clarity and regulatory fairness for the premium cigar industry. This legislation is more than just a regulatory fix, it’s a necessary step to protect the premium cigar industry from future government overreach.

At its core, the CIGAR Act is a simple but critical bill: it establishes a clear federal definition for premium cigars and exempts them from the same FDA regulations applied to mass-market tobacco products like cigarettes and flavored tobacco products.

Why This Matters

Premium cigars are not the type of product the FDA was designed to regulate. They are handcrafted, whole-leaf tobacco products made by skilled artisans and enjoyed occasionally by informed adults—not mass-produced items associated with significant public health risks or underage use.

Yet despite a federal court ruling that vacated the FDA’s authority over premium cigars, the lack of permanent legislative protections leaves the industry exposed. Without a clear statutory definition that exempts premium cigars from FDA’s regulatory authority, the Agency could revive the deeming process, bringing back costly premarket reviews and burdensome compliance requirements that small, family-owned businesses simply cannot afford to navigate.

The CIGAR Act is critical to protecting these businesses, the backbone of the premium cigar industry. Many have operated for generations, employing thousands across the U.S. and in key partner nations like Nicaragua, the Dominican Republic, and Honduras. Unlike large corporations, they don’t have legal departments or deep compliance budgets. What they need is regulatory clarity and fair treatment—exactly what this bill provides.

What the CIGAR Act Does

• Codifies the following definition of “premium cigar” in line with what federal courts have already recognized: a premium cigar is (1) wrapped in whole tobacco leaf; (2) contains a 100 percent leaf tobacco binder; (3) contains at least 50 percent (of the filler by weight) long filler tobacco (i.e., whole tobacco leaves that run the length of the cigar); (4) is handmade or hand rolled (i.e., no machinery was used apart from simple tools, such as scissors to cut the tobacco prior to rolling); (5) has no filter, nontobacco tip, or nontobacco mouthpiece; (6) does not have a characterizing flavor other than tobacco; (7) contains only tobacco, water, and vegetable gum with no other ingredients or additives; and (8) weighs more than 6 pounds per 1,000 units.
  
• Exempts premium cigars from inappropriate FDA regulation that was never designed with them in mind.
  
• Protects small businesses from regulatory costs that serve no meaningful public health purpose.
  
• Ensures long-term stability for manufacturers, importers, retailers, and consumers alike.
  

A Sensible Solution

The CIGAR Act offers Congress a chance to do something rare: pass a bipartisan, evidence-based, and economically sensible piece of legislation that exempts premium cigars from FDA regulation, protects small businesses, respects adult choice, and restores common sense to federal tobacco regulation.

Cigar Rights of America urges all members of Congress to support this legislation. If you’re a consumer, retailer, or manufacturer, now is the time to contact your Representative and ask them to co-sponsor H.R. 2111.

It’s not just about cigars. It’s about fairness, clarity, and protecting the people who make and enjoy them.