FDA Nationwide Regulation of E-Cigarettes, Cigars and Hookah Tobacco Starts August 8th

[El Presidente]

FDA Nationwide Regulation of E-Cigarettes, Cigars and Hookah Tobacco Starts August 8th. 

I understand that as August 8th it will be illegal in the USA to sell cigars to anyone under the age of 18. I don't have a problem there as I suspect most States already have that law. 

August the 8th from my understanding is also the starting gun for:

The FDA expects that manufacturers will continue selling their products for up to two years while they submit—and an additional year while the FDA reviews—a new tobacco product application.

The FDA will issue an order to give marketing authorization where appropriate. Otherwise, the product will face FDA enforcement.

For those in the know or in the trade in the USA....what is being done at a grass roots level (manufacturers/marketers) to comply?

I know there are court challenges but the FDA rules are onerous. Does a manufacturer lodge its documentation now or hope for a favourable ruling...or do both?

One suspects that the FDA will be flooded with applications. It could be disasterous to be at the back of the line waiting on an approval that could take 2-3-4 years. 

Let us know what the general consensus within the industry (moving forward) is. I appreciate it 

[SloppyJ]

Interesting. My buddy was just at the annual show in Vegas. I'll get with him tomorrow to see what the word around that convention was. 

[PigFish]

Me, I think mankind would be best served with the death of the administrative State! Cheers!

-Piggy

[MooseAMuffin]

From talking to the owner of my local establishment, it doesn't look good. He doesn't have much faith in the lawsuit filed against the FDA. They pretty much have free reign to do whatever they please in terms of regulation.l, especially when they do it "for the children".

 

Unfortunately it looks like a hike in cigar prices is on the horizon, and possibly a limit in terms of variety. But I still hold out hope that it's not true. 

[maxcjs0101]

From what i have understood so far:

- Cigar manufacturers are rushing to come out with new products/cigars before August 8th.

- New cigars prior to 8/8 would need to submit an application to the FDA and have them approve it before it can be launched.

- Free cigars will be illegal.

- Cuban cigars which are not currently available in the US would need to file an application to the FDA as per my 2nd point if the embargo is lifted after 8/8. This would mean purchasing any Cuban cigars through any means is actually against the FDA rules.

Please correct me as this is what i've understood so far.

[LordAnubis]

34 minutes ago, maxcjs0101 said:

- Cuban cigars which are not currently available in the US would need to file an application to the FDA as per my 2nd point if the embargo is lifted after 8/8. This would mean purchasing any Cuban cigars through any means is actually against the FDA rules.

Interesting point... what does this actually mean? I mean it is already illegal for an American to get Cuban products isn't it? But there is no punishment for it. So does something being against the FDA rules mean it's punishable? Or everything carries on as normal still?

[NSXCIGAR]

12 hours ago, LordAnubis said:

Interesting point... what does this actually mean? I mean it is already illegal for an American to get Cuban products isn't it? But there is no punishment for it. So does something being against the FDA rules mean it's punishable? Or everything carries on as normal still?

I think this was discussed in one of the other threads on the FDA topic, but it leads to very interesting questions.

Let's assume the FDA ruling is in place but the embargo is lifted. Cuban cigars (and any NC cigar introduced after 2007) would not be able to be sold by retailers in the US. Theoretically, however, they would still be allowed to be imported and purchased from outside the US with appropriate duties paid, which is actually not much for premium cigars ($2-3 per box--unlikely to be collected anyway).

What's interesting is that today, one can import any amount of, say, Nicaraguan cigars into the US with applicable duties paid. The government cares not what you do with them (sell them, smoke them, eat them). Now, if I read the FDA ruling correctly, the ruling only applies to retailing these products. I'm not aware of any limit on the importation of any tobacco products so long as duties are paid. I did not see anywhere in the FDA ruling that addresses this.

It may very well be the case that it will be perfectly acceptable to purchase and import any amount of Cuban cigars. The FDA apparently only has the power to prevent the retailing of the products. Same applies in the case of a drug--the FDA can only prevent its sale and distribution. If the government wants to prevent its importation or possession congress must pass a law or change the customs guidelines. I do not see where this has been done in regards to tobacco products here.

Either way, this essentially means nothing will change for us. There will not be a US distributor of Habanos. Anyone in the US wanting Cuban cigars will get them from the same places we already do but now it will be above the board legal. And if they do somehow prohibit the importation, we'll be right back where we are today. No big deal. Expect the already existing top vendors' business to boom and grow despite the inevitable new competition, however the cream always rises to the top. Literally, nothing will change except Rob being way too busy to keep up!