It’s the Barry show and The Cigar Authority plays musical chairs. Barry slides into the hosting seat, with David Garofalo sliding over to Mr. Jonathan’s seat who in turns slides into Barry’s seat. We will be joined by the owner of H New Media, Lawyer Frank Herrera as we look at the effects of FDA regulations. Are new cigars still being Trademarked? Is Substantial Equivalence a face? We will find out the answers to these […]
Cigar Law
Just a few months ago the state of the cigar industry in New Mexico looked like it was headed toward its demise. As the state proposed a tripling of the cigar taxes to 76% many cigar shops were worried they would be forced to shut their doors sending their customers to order cigars online. On the last day of legislative calendar the luck of the Irish shined down on Jack Sweeney, owner of a Santa […]
In the state of Ohio, Republican Governor Mike DeWine has introduced his proposal for the state budget. Within the budget contains language raising the tobacco purchase age from 18 to 21. According to projections the changing of the tobacco age in the state will reduce tobacco sales and tax collections by $17 million dollars in the first year of the two year budget and $22.7 million in the second year. The lawmakers have until June […]
The state of Texas has seen the proposal of HB 749 which would raise the tobacco possession age to 21 and would also require retailers to request ID from anyone under 30 years of age. The bill currently has nine sponsors including Rep. John Zerwas (R-28), Rep. Senfronia Thompson (D-141), Rep. J.D. Sheffield (R-59), Rep. Rafael Anchia (D-103), Rep. Tom Oliverson (R-130). Rep. Gina Calanni (D-132), Rep. Jessica Farrar (D-148), Rep. Eddie Lucio III (D-38) […]
In January 2019 a bill was proposed in the New Hampshire Legislature by Representative Timothy Horrigan (D-Strafford) that sought to create a tax on premium cigars at the rate of 65.03 percent of the wholesale price. On the morning of February 27, 2019 a voice vote was held in the New Hampshire Senate where House Bill 438 was defeated 293-58. All 53 votes in favor of the tax were made by Democrat. A full list of […]
In January, Virginia legislatures proposed a bill that would raise the minimum age to buy, sell or posses tobacco from 18 to 21. Now HB 2748 is one step away from becoming law. The bill first passed a Senate vote on Jan 29th with a vote of 32-8. On February 5th, the house voted 67-31 with one abstention to pass the measure as well. The bill is now on its way to the desk Democrat […]
On June 25th, Altria Group the parent company of Nat Sherman submitted a letter to FDA on behalf of Nat Sherman and the other brands they own asking the FDA to not provide an exemption for premium cigars. The company which posted a revenue of over 25 billion in 2017 has made it clear they are against the small Mom & Pop companies that make up the premium cigars industry. If you listen to The […]
Frank Herrera of H New Law has issued a press release announcing the Grandfather Status for Eddie Ortega. April 24, 2017 (West Palm Beach, Fla.) – H New Media Law and Ortega Premium Cigars jointly announce that the FDA recently issued eight Determination of Grandfather Status letters for Ortega Premium Cigar’s brands REO (4 sizes) and VIBE (4 sizes). While 58 other non-premium cigars owned by other companies were determined earlier this year to be […]
While the industry waits to see what direction CAA, CRA and IPCPR will take with the FDA Regulations slated to take effect on August 8th, a Premium Cigar company has filed a lawsuit against the FDA. The lawsuit filed by Frank Herrera on behalf of Enrique Fernando Sanchez Icaza and Global Premium Cigars, LLC makers of the brand 1502, is suing based on the 1st and 5th Amendment. The main points of contention surround the predicate date […]
Democrat Councilman Donovan Richards of Queens has proposed a smoking ban for all city subsidized housing in the five boroughs that make up NYC. The legislation which will officially be introduced today would ban smoking in all apartments in the new city-financed affordable housing as well was existing New York City Housing Authority (NYCHA) developments. According to reports the federal government has been encouraging house authorities across the USA to go smoke free. The measure […]