To amend the Federal Food, Drug, and Cosmetic Act to exempt the premium cigar industry from certain regulations.
This bill would change how premium cigars are treated under federal tobacco regulation. It amends the Federal Food, Drug, and Cosmetic Act to explicitly exclude premium cigars from being considered a “tobacco product” for purposes of the FDA’s tobacco regulations. It also creates a precise, codified definition of “premium cigar” with specific criteria (e.g., leaf-wrapped, handmade, limited ingredients, no flavors, weight threshold). The findings in the bill argue that premium cigars are a small, mostly adult, and relatively low-risk category often produced by small, family-owned businesses and sold in age-controlled outlets. If enacted, the bill would reduce federal regulatory requirements for premium cigars that currently apply to other tobacco products, though state or local regulation could still apply.
Key Points
- 1Exemption from federal tobacco regulation: The bill adds a provision to say a premium cigar is not a “tobacco product,” thereby removing it from the FDA’s typical tobacco product regulatory framework (e.g., certain labeling, premarket, and other federal rules) under the FD&C Act.
- 2Defined standard for “premium cigar”: The bill sets a detailed definition that includes being leaf-wrapped, having a 100% leaf tobacco binder, at least 50% long-filler tobacco by weight, handmade, no filters or non-tobacco mouthpieces, no characterizing flavors other than tobacco, only tobacco/water/vegetable gum as ingredients, and a weight threshold (more than 6 pounds per 1,000 units).
- 3Legislative rationale: The Findings emphasize that premium cigars are a very small share of the market (about 1%), are often made by small, family-owned businesses, typically sold in age-restricted venues, and may pose lower health risks than other tobacco products according to a 2022 NASEM report. The bill also notes a court decision that suggested the broader health-risk regulation could be addressed at the state level.
- 4Relationship to court and public health discourse: The bill references a Mehta District Court decision and a 2022 NASEM report to justify a narrower regulatory approach for premium cigars, implying federal regulation should be limited for this category.
- 5Scope and limitations: The exemption applies to the premium cigar category as defined, which means many other cigars and tobacco products would remain subject to FDA regulation. State laws and other non-FDA tobacco or consumer-protection rules could continue to apply to premium cigars, depending on jurisdiction.