 |
URGENT NEWS: WE NEED YOUR HELP!You might not be aware of it, but the Food and Drug Administration has been tasked with enacting legislation on ALL tobacco products in the interest of public health. What the FDA doesn’t seem to understand is that pipes, cigars, and cigarettes are a world apart.The Family Smoking Prevention and Tobacco Control Act, enacted in 2009 to restrict cigarette manufacturers, is now being expanded to regulate cigars and pipe products as well.
The broad ban they’re considering could have a MAJOR impact on the cigar and pipe industry and small retailers like us in particular. The most distressing considerations are these: The FDA is contemplating a ban on ALL flavored tobaccos (which would render ANY aromatic pipe tobaccos and ANY flavored cigars illegal. No more Acids… No more Germain’s Plum Cake… No more Tabak Especials. These would all become ILLEGAL. This has already happened once. As of 2009, clove cigarettes are illegal in the United States of America (though some companies have made minor changes and continue to sell them as “clove cigars”). The FDA also is entertaining the notion of setting a broad standard to regulate the sale of what they determine to be “premium cigars,” One of the criteria they are proposing is to consider anything a “premium cigar” to be any cigar which “has a retail price…of no less than $10 per cigar.“ Please understand: If they choose to adopt these guidelines, ASW (and pretty much every other small cigar shop in the country) would be effectively put out of business. From halfwheel.com: “According to the FDA, as many as 2,438 individual cigars could be off the market within the first 24 months due to new regulations.” In other words, this is potentially disastrous. Understand this: Big Tobacco wants this to happen. Cigarettes are already regulated by the Federal government and are thus exempt from this legislation. This would simply and effectively reduce their competition to nothing. You, the people, are able to contact the FDA and voice your opinion on the matter. One catch: The public commenting period ends TONIGHT, August 8th, 2014. PLEASE visit this website and post your comments right away: Look for the link which reads “Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act” and click on it to enter your comments. Or, simply copy and paste the following:
Division of Dockets Management (HFA-305) Re: Docket ID FDA-2014-N-0189 To whom it may concern: As a cigar smoker and a supporter of my local retail tobacconist, I would like to respond to the April 25, 2014, Notice of Proposed Rulemaking (NPRM) on the deeming of tobacco products under the Family Smoking Prevention and Tobacco Control Act. There are several aspects of the proposed deeming regulations that could impact my ability to enjoy a legal product as a consenting adult. Firstly, I oppose the imposition of a costly pre-market review process for premium cigars. Pre-market review would be cost prohibitive for many manufacturers, effectively eliminating their ability to release special editions and seasonal blends. Such products are a distinctive aspect of the industry and a unique draw for cigar connoisseurs like myself. Secondly, I oppose a ban on sampling. Product sampling is an integral part of the experience at a premium tobacco shop. A sampling ban would prohibit me from being able to try seasonal blends, limited releases, and other new products prior to purchase at my local tobacco shop and at cigar charity events. Given the typical price point and celebratory nature of premium cigars, I am not likely to purchase an unfamiliar product. Thirdly, I oppose the creation of an arbitrary price point for a cigar to be deemed “premium.” Wholesale price fluctuations, differing state tax rates, or a promotional event at my local shop could cause a cigar to move from the premium category. Such inconsistencies in the marketplace could impose a significant regulatory burden on small businesses. Additionally, an arbitrary price point for a cigar to be deemed “premium” is economically discriminatory. For the aforementioned reasons, I urge you to exempt premium cigars from the final FDA regulations. Premium cigars are an adult product, without the habitual use patterns of mass-market tobacco products. They are not marketed to or accessible to America’s youth. In fact, existing state law already prohibits the sale and distribution of such products to minors. Imposing one-size-fits-all regulations on a diverse suite of tobacco products is a step in the wrong direction for the FDA. Thank you for the opportunity to submit comment on the proposed deeming regulations. We cannot stress enough how important this is to us, both as a business and as cigar and pipe enthusiasts ourselves. EVERY VOICE COUNTS. Please help us to keep our love of tobacco free and legal! For more information (read it quickly!), visit http://halfwheel.com/fda. On behalf of all of us at ASW: THANK YOU. |
