Today, November 15th, 2017 FDA Commissioner Dr. Scott Gottlieb issued a statement calling for a ban on flavored cigars among other things. Below is the full text of his statement: As a physician who cared for hospitalized cancer patients, I saw first-hand the devastation that smoking-related diseases had wrought on the lives of patients and their families, and dedicated myself to helping ease this suffering. As a cancer survivor myself, I understand too well the […]
Yesterday, the FDA’s Center for Tobacco Products announced an amended fee structure for their Civil Monetary Penalties (CMP). CMPs are the scaled financial penalties FDA issued to retailers found in violation of current regulations or requirements. A Civil Money Penalty (CMP) Complaint is used to initiate an administrative legal action against a retailer that can result in a monetary penalty, called a Civil Money Penalty. The Tobacco Control Act provides that the amount of a […]
Last week, the FDA held a conference on tobacco regulation. The agency invited Drew Newman, J.C. Newman’s general counsel, and a fourth-generation cigar maker, to address the conference on behalf of the premium cigar industry and respond to questions from the audience. In his speech, Drew explained that “premium cigars are an old-world, handmade craft enjoyed by adults.” “It is not a science,” he said. “It’s an art, and the tradition has been passed down […]
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 […]
On July 26th, Senator Marco Rubio, R-Fla., spoke from the Senate Floor in defense of the Premium Cigar industry. In his remarks, the Senator laid out the uniqueness of the premium cigar industry and the existential threat facing small businesses, including the J.C. Newman factory in Ybor City, Fla. if current FDA regulations are left unabated. The video of the speech can be seen via the C-Span website at: https://www.c-span.org/video/?c4742275/sen-rubio-cigar-speech-july-26-2018 In a statement, IPCPR applauded Senator […]
The International Premium Cigar and Pipe Retailers Association (“IPCPR”) and Cigar Rights of America (“CRA”) filed a joint comment in response to the U.S. Food and Drug Administration’s ongoing review of how it should define and treat premium cigars. This process, known as an Advanced Notice of Proposed Rulemaking – marked a major milestone for premium cigar retailers, manufacturers, consumers and the industry at large. It was an opportunity for IPCPR, CRA and other stakeholders […]
From Drew Newman, General Counsel of J.C. Newman Cigar Co, It seems only fitting that the day after our country celebrated America’s independence a federal court has stepped in to help preserve the right of American adults to enjoy a fine, handcrafted cigar. We are extremely pleased that Judge Mehta has delayed the implementation of the FDA’s new massive cigar warning labels indefinitely until the courts have a chance to decide their constitutionality. Particularly in light […]
Earlier today, D.C. District Court Judge Amit Mehta issued an injunction prohibiting the U.S. Food & Drug Administration from enforcing its warning label requirements on cigars and pipe tobacco. The warning label requirements for packaging and advertising were slated to go into effect on August 10th. Judge Mehta’s order delays any enforcement of the requirement until at least 60 days after the conclusion of an appeal currently underway. No date has been set for a […]
A Washington DC court ruled this afternoon that cigar companies will not need to have warning labels in place on August 10, 2018. According to the ruling, the label placements have been delayed until 60 days after the appeal has been ruled on by the DC Circuit US Court of Appeals, if needed. According to the Judge, “Because Plaintiffs’ appeal presents “serious legal questions” on the merits, and because the likelihood of irreparable harm, the […]
As the August 10th deadline for the FDA’s new warning requirements inches closer, retailers are evaluating how the new warning requirements for so-called “advertisements” may apply to their online and social media formats. This includes what website and social media content triggers the “advertising” warning requirements for covered tobacco products, such as cigars and pipe tobacco, as well as how best to comply. Note that the regulations do not define “advertisement” for these purposes, and […]