Earlier this week, the Cigar Rights of America (CRA) sent a letter to the Office of the Attorney General of California (AG) regarding the Department of Justice’s (DOJ) recently adopted emergency regulations implementing the Unflavored Tobacco List (UTL). I would like to note, this is only the second email we have received on the UTL situation, the other also being after the rule went into effect but none before.
In the letter, CRA says that they requested clarification on several key topics including: how the premium cigar exemption is defined and applied in relation to the wholesale price point, what is required in the registration process for various forms of product packaging as well as multi-manufacturer sampler packs, whether brand owners may file products without the manufacturer or importers involvement, and if retailers will be granted a sell-through period once the UTL is published.
Importantly, in addition to seeking clarification on the questions raised, CRA says it has requested that the DOJ delay the October 9th filing deadline for initial inclusion on the first published UTL. This delay would give the industry time to receive needed guidance and ensure proper compliance registration for premium cigar products.
“From the beginning, this regulation was rushed through on an emergency basis with little opportunity for meaningful input from stakeholders in the premium cigar industry,” said Mike Copperman, Executive Director of CRA. “As a result, manufacturers are now facing a daunting task of trying to register their products by the October 9th deadline, all while navigating numerous unanswered questions and ambiguities. CRA respectfully calls on the DOJ to reevaluate their hurried implementation process and delay the October 9th deadline while working with industry to bring clarity to the registration and compliance process.”
While CRA supports the UTL’s goal of removing illegal flavored products from the California marketplace, CRA says it respectfully urges the DOJ to bring clarity to the unresolved issues identified and help minimize the burden of this regulatory regime on manufacturers and retailers of premium cigars.
