Sampling Effective August 8, 2016, retailers are not permitted to distribute free samples to consumers at fundraisers, charity events, in-store events, legislative events, etc. IPCPR believes that the following practices do not violate the free sample provision, and have requested written confirmation from FDA: Providing a cigar in exchange for buying other products (e.g. “buy one get one free”). Replacing a plugged, spoiled, or otherwise damaged cigar for free. Having a raffle with cigar(s) as […]
FDA
The US Food & Drug Administration (FDA) has released their calculations for user fees of tobacco products for 2017. User fees are part of the new regulations issued by the FDA. The money obtained via user fees is used to fund the FDA’s operation. The amount paid will vary by year and are based on a percentage of SCHIP (40.26 cents) taxes paid by cigar companies. It is expected that the Cigar industry will fund […]
The FDA announced that it has begun enforcing the new regulations on tobacco products that went into effect on August 8th. Today, the FDA issued 55 warning letters to retailers selling newly regulated cigar products to minors. During compliance checks, aka a sting operation, a minor is sent in to purchase tobacco at a brick & mortar retailer or online via the web. If a retailer does not request proof of age of anyone under […]
As members of the House of Representatives return to work this week, Representative Kathy Castor, a Democrat from Tampa, Florida is set to introduce a bill that will provide an exemption for donating cigars to members of the military. The bill which was reported first on Saturday during the live broadcast of The Cigar Authority was confirmed by Glynn Loope of Cigar Rights of America. Since the FDA Regulations were announced, the hands of manufacturers […]
The FDA has published a draft guidance to assist members of industry submitting health warning plans for cigar packages and advertisements. The draft guidance discusses the required warning statements for cigars and how each must be randomly distributed, randomly displayed on packages, and rotated quarterly in advertisements in accordance with an approved warning plan submitted to FDA for review and approval. Cigars will be required to carry warning statements on all packaging and advertisements beginning […]
The District of Columbia District Court ruled against the FDA on a packaging change constituting a new product on the market. The ruling from Judge Amit Mehta states that a change in logo, colors, packaging and/or cigar bands does not constitute a new product and companies do not need to file for substantial equivalence. The actual ruling can be read below: 8-16-16-Order-Case-No.-15-cv-1590
In the District of Columbia District Court, Judge Amit Mehta ruled against the FDA on a lawsuit over what constitutes a new product. The Lawsuit filed by Altria, Lorillard and Reynolds America argued what constituted a new product. According to the FDA, a new cigar band or change in packaging would constitute a new cigar and companies would need to file for substantial equivalence. The ruling states that a change in logo, colors, packaging and/or […]
Tobacconists’ Association of America, association for industry leading brick and mortar retailers in the premium cigar and pipe industry, has donated $50,000 towards the legal costs associated with the recent joint lawsuit against the FDA’s regulation of premium cigars and pipes. The contribution will be equally split between the IPCPR (International Premium Cigar and Pipes Retailers) and CRA (Cigar Rights of America). Tiffany Rumbo, owner of Club Humidor in San Antonio, TX and President of the Tobacconists […]
Why Did U.S. Customs Cut My Cigars in Half? Another Editorial by David Garofalo Just 1 week ago, on August 8, 2016 the FDA (Food and Drug Administration) began its control over cigars with vague and overreaching regulations (known as the deeming regulations) that will undoubtedly find its way through the courts to see if any of this is not only Unconstitutional, but not at all reasonable. Beginning on August 8 and with the very […]
On August 8, 2016, FDA’s deeming regulations went into effect, extending FDA’s authority over tobacco products to cover cigars, e-cigarettes, and all other tobacco products. Although additional requirements relating to cigar manufacture, packaging, labeling, and promotion will be implemented in the future, one of the more immediate impacts of FDA jurisdiction over the cigar industry will be at the import level. Cigar imports are now subject to FDA review. As a result, brokers will need […]