DO WE REALLY NEED THE FDA TO CRACK DOWN ON CIGAR SMOKERS?
I am a cigar smoker. I enjoy an occasional premium cigar. Many of my close friends also smoke cigars. I love to sit down with a group of close friends and enjoy a good cigar and some quality conversation.
I am not a cigarette smoker. If you are, I respect your right to smoke cigarettes. However, I believe the cigarette industry is completely and entirely responsible for the continued attack by legislators and regulators on their industry. I understand the need to regulate cigarettes and the cigarette industry. I am aware of the abuses of the cigarette industry over the years and the health problems they have cause. I am also aware that the cigarette industry has continually and systematically misleads the public about the dangers of their product and has made every effort to target young people as potential new cigarette customers. Again, if you are an adult and a cigarette smoker, I believe that is your right.
However, the premium cigar industry has nothing in common with the cigarette industry.
Twice during the past year, the Food and Drug Administration (FDA) A has published notices in the Federal Register indicating that it was considering issuing measures which would regulate premium cigars under the Family Smoking Prevention and Tobacco Control Act (“Tobacco Act”). The Tobacco Act primarily targeted cigarettes and was aimed at reducing smoking among youths. Premium cigars are not like cigarettes and should not be regulated as if they were.
Stricter regulations on premium cigars would devastate local cigar shop, along with thousands of premium cigar stores across the nation. According to cigar retailers, the regulations being considered by the FDA would impose further advertising and marketing restrictions, prohibit walk-in humidors, banning all flavored cigars, prohibit mail order cigars, prohibit marketing and cigar tasting events, and result in substantial price increases which will naturally be passed on to the retail customer.
Recently, legislation has been introduced in both the United States Senate and the House of Representatives which would exempt premium cigars from the FDA’s authority under the Tobacco Act. HR 1639 and S.1461 (the same legislation introduced in both houses) entitled The Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2011 would exempt the premium cigar industry from FDA regulation. The bill does not eliminate the FDA’s regulation of cigarettes and small “cigarette type” cigars.
As I mentioned, I believe the cigarette industry brought its own trouble on itself. However, the cigar industry is a different industry and I believe the cigar industry and the people who choose to enjoy premium cigars deserve a break. If you agree, why not write to your US congressmen and US Senatiors and tell them you support HR 1639 and S. 1461.
By: Steven R. Snyder, Esquire
Attorney at Law
Rominger & Associates
155 South Hanover Street
Carlisle, Pennsylvania 17013
Phone: (717) 241-6070
Toll Free: (800) 734-2132
Fax: (717) 241-6878
Cell: (717) 805-1021
