New Cigar Lounge - McGregor

April 30, 2010--On April 26, the U.S. Department of Health and Human Services, to which the FDA reports, published its semiannual regulatory agenda as required by law. The agenda is an inventory of rulemaking actions currently under development within the Department.

Included under the "Proposed Rule Stage" was a notice that the FDA intends to issue a notice of proposed rulemaking "which would deem cigars to be subject to the Tobacco Control Act and include provisions to address public health concerns raised by cigars."

The notice indicated a target date of June 2010 for publishing the notice.

The Tobacco Control Act that was signed into law in June, 2009 gave FDA the authority over all tobacco products. However, FDA only has immediate authority to regulate cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco - not cigars or pipe tobacco.

In order to regulate cigars and/or pipe tobacco, the FDA is required to go through a rulemaking process. The notification that the FDA is working on a proposed rule is the beginning of what could be a lengthy process and is difficult to predict when the proposed rule will be issued (FDA frequently misses its target dates).

Once FDA proposes a rule, the agency is required to publish it in the Federal Register and allow at least 60 days for interested parties to comment. That is followed by the FDA's own review period (It is impossible to predict how long FDA will take to evaluate the comments). After that review, FDA could issue another proposed rule, a final rule, or refer a proposed rule to its Tobacco Products Scientific Advisory Committee for a report or recommendation.

It is critical to understand that much is unknown at this time. The lack of detail accompanying the FDA's notice means there is not a lot we know about what FDA might be thinking at this stage. It is important to remain vigilant until more details are known. The IPCPR continues its constant consultation with its FDA consultants to stay on top of this latest development. We also continue talking and the sharing of information with the CAA so everyone may be up-to-date and on the same page.

Now, what does all this have to do with Cigar smokers? If we take the lessons garnered from dealings with cigarettes and smokeless, we can assume higher taxes, smoking restrictions, label and advertising constraints, anti-smoking groups screaming for stricter guidelines and the list is endless.

As a tobacconist I have been dealing with all manner of taxes both Federal and State, restrictions on every facet of the industry and it is not over by a long shot. Now the FDA wants to engage Cigars and Pipe smokers with the same. Make no mistake, unless we stop them by the end all Luxury tobaccos will be taxed out of reach by the common Cigar smoker.

No amount of reason will prevent it for it is not about health, or safety, or anything else...it is only about the money and prejudice.

I encourage all those interested to become politically literate and to know who their State and Federal Representatives are, and to send letters or emails to voice an opinion. We will try to enable this for you to make it easier.

It is our right and privilege to question our leaders and have them do our bidding, but they have to know what that is...they will listen to the squeaky wheel and give it the grease...as it were.

Or, we can just take what comes, that is the easy road. Time to decide between what is right and what is easy