Yesterday, Judge Amit Mehta issued an opinion on several issues raised in the IPCPR’s lawsuit against the FDA. Notably, Judge Mehta struck down the requirement that retailers who blend pipe tobacco must register their establishments with and submit product listings to the FDA. This is a positive development for IPCPR members and significantly eases the compliance burden facing many premium tobacconists around the country. However, Judge Mehta did not endorse other challenges to the FDA’s: […]
For months the cigar industry has been waiting for a ruling from Judge Amit P. Mehta. Today, that ruling came down and it wasn’t what we wanted to hear as the member of United States District Court for the District of Columbia ruled in favor of the FDA’s Warning Label Plan. Despite calling the rules, “grossly unfair”, Judge Mehta ruled that the Final Deeming Rule’s health warnings on cigar boxes and advertisements are not a violation […]
The FDA has finally published its long awaited notice on premium cigars. The Advanced Notice of Proposed Rule Making (ANPRM) was released earlier today, and as anticipated, seeks input from industry, other stakeholders and the public on if and how the agency should define and regulate premium cigars differently from the status quo. This is the third of three solicitations from the Food and Drug Administration (FDA) that were part of the agency’s comprehensive plan […]
After a week of bad news for the cigar industry, some light has appeared at the end of the tunnel. The Food and Drug Administration announced they are taking another look at premium cigars. According to the advanced notice of proposed rule making published today, the FDA is seeking feedback on how to define premium cigars. According to that notice, “We received numerous comments on the deeming proposed rule with respect to premium cigars, both […]
This afternoon the FDA announced via its twitter feed that it was extending the compliance deadline for submitting ingredient listings for deemed tobacco products by 6 months. The move comes a little over two weeks after they announced they would be delaying the listing for people in areas affected by hurricanes flooding and fires. News of the delay came this morning from a major manufacturer who confirmed the news with IPCPR. Then at 2pm eastern time, […]
Earlier today the US House of Representatives passed a 12 bill spending package that includes a provision prohibiting the FDA from enforcing regulations against premium cigars. The bill, known as an omnibus appropriations package, passed the House by 211-198 votes and will now move to the Senate for consideration. Congress has until December 8th to pass spending legislation and fund the federal government. So what does this mean? Section 752 of the House Agriculture Appropriations […]
Last month, the FDA issued a press release that changed the date product could stay on the shelves that was not FDA approved. The date changed from August 8, 2018 to August 8th, 2021. In that press release was language that stated, “Under expected revised timelines, applications for newly-regulated combustible products, such as cigars, pipe tobacco and hookah tobacco, would be submitted by Aug. 8, 2021.” In an email with the FDA today a Food […]
Today, Commissioner of the U.S. Food & Drug Administration, Dr. Scott Gottlieb, announced a new comprehensive plan for the approach the agency will take to the regulation of tobacco products, placing an emphasis on a science-based method, that notes a “continuum of risk” that recognizes the differences in tobacco products. Importantly, Dr. Gottlieb stated that FDA will reexamine the treatment of premium cigars under the agency’s current regulatory structure. Ultimately, the agency will open a […]
The FDA issued a press release that announced comprehensive regulatory plan to shift trajectory of tobacco-related disease, death and to pursue lowering nicotine in cigarettes to non-addictive levels and create more predictability in tobacco regulation. The agency plans to issue this guidance describing a new enforcement policy shortly. Under expected revised timelines, applications for newly-regulated combustible products, such as cigars, pipe tobacco and hookah tobacco, would be submitted by Aug. 8, 2021, and applications for […]
Yesterday, the House Appropriations Subcommittee on Agriculture passed legislation that includes a provision exempting premium cigars from FDA regulations. The provision, which applies the same definition for premium cigars as included in stand alone legislation already introduced and supported by over a quarter of Congress, applies the exemption for one full Fiscal Year (October 1, 2017 – September 30, 2018). The path forward for the bill remains long. The full Appropriations Committee must now consider […]