The Food and Drug Administration (FDA) has announced it plans to withdraw its proposed Tobacco Product Standard for Characterizing Flavors in Cigars rule. This quick move, made under the leadership of the Trump administration, demonstrates a commonsense action that maintains the ability of adult consumers to make informed product choices over prohibition.
The FDA’s proposed rule, which sought to ban flavored cigars and could have extended to “characterizing flavors” encompassing premium cigars, would have disproportionately impacted small business tobacconists, despite ample evidence that these products are enjoyed by adult consumers. The withdrawal of these proposed rules effectively removes them from active consideration, meaning the FDA has decided not to move forward with implementing these regulations. While this withdrawal signals a pause in the agency’s efforts, it does not preclude the possibility that similar measures could be reintroduced in the future.
Cigar Rights of America and the Premium Cigar Association have long advocated for a regulatory approach that acknowledges these distinctions, and today’s decision is a significant victory for retailers, consumers, and manufacturers of these products. This doesn’t only apply to cigars, as the withdrawal also includes menthol cigarettes.
“We are grateful to the Trump administration for taking swift action based on sound science and fairness especially in the second day of the administration. Hopefully, this is an indicator of a new approach with regard to regulatory agencies,” said Joshua Habursky, Executive Director of the Premium Cigar Association.
One thing to keep in mind is that this only covers the federal level. Many states across the country have already begun state wide flavored tobacco bands which include cigars, like Massachusetts for example.
PCA has consistently argued that premium cigars do not pose the same public health concerns as other tobacco products and should not be subject to the same one-size-fits-all regulations. Furthermore, flavored cigars should not be subject to a one size fits all approach as well or prohibited. In both written comments and oral briefings, the PCA has opposed the action to prohibit the sale of flavored cigars and will continue to do so at the state and local level.
