The Continuing Battle for Cigar Rights
This is a reposted article written by Cody Carden for the CRA Newsletter August 23rd, 2024, to see the original please click here!
By Cody Carden | August 21, 2024
The legal victory vacating FDA’s authority over premium cigars last August was a monumental win for the industry. This decision was the culmination of years of dedicated advocacy and legal action led by Cigar Rights of America (CRA) and our allies. For many, this victory felt like the final chapter in a long and arduous battle—but the reality is that the fight for cigar rights is far from over.
It is difficult to understate the significance of this decision for our industry. When FDA initially deemed premium cigars subject to regulation, it threatened to impose burdensome requirements on premium cigars, including expensive testing and restrictive marketing practices that could have crippled the industry. By successfully challenging these regulations, CRA secured a crucial reprieve for artisanally made premium cigars from the regulatory pressure applied to machine-made mass-market tobacco products.
This victory, while momentous, is not the end of our fight. The premium cigar industry still faces numerous legislative and regulatory threats that demand our ongoing vigilance and action. Notably, FDA has appealed the decision, with oral arguments scheduled for September 13th. This upcoming legal battle underscores the industry’s continued need for strong advocacy.
Current Legislative and Regulatory Threats
Although premium cigars are currently exempt from FDA regulation, we must remain vigilant to the ongoing challenges at the federal, state, and local levels. This year, the premium cigar industry faced significant threats, including potential marketing and advertising restrictions and steep tax increases at the federal level. Meanwhile, at the state and local levels, the industry is grappling with various proposals, from generational tobacco bans and product prohibitions to additional tax hikes—all of which could disproportionately impact the small businesses that are the backbone of our industry and consumers.
Challenges on the Horizon in 2025
As 2025 approaches, legislators across the country will convene new sessions, and with that comes the continued risk of new taxes, smoking bans, and other regulations that could severely affect premium cigars in all 50 states. These proposals are not isolated; they represent a broader trend of targeting tobacco products without recognizing the unique nature of premium cigars. Unlike other tobacco products, premium cigars are typically enjoyed in moderation and do not carry the same health risks. Despite this, they are often unfairly grouped with cigarettes and other mass-market products in legislative measures.
In the face of these ongoing challenges, grassroots advocacy remains a cornerstone of CRA’s strategy. Our recent success with the FDA was made possible, in part, by the tens of thousands of cigar enthusiasts who wrote letters, made phone calls, and stood up for their rights. These efforts were crucial to helping CRA build a legislative record to stand on when pushing back against FDA’s regulation.
Grassroots efforts are not just about numbers—they are about passion and persistence. When lawmakers see that their constituents care deeply about an issue, they are more likely to listen. This is why continued engagement from CRA members and supporters is so critical.
Unity within the premium cigar community is crucial to our continued success. Manufacturers, retailers, and consumers all have a stake in this fight, and it’s only through collaboration that we can effectively protect our rights.
Comprehensive Strategy for Action
CRA has always believed in the power of unity. By bringing together diverse voices from across the industry, we’ve presented a strong, unified front in the face of regulatory and legislative challenges. This unity will be even more critical as we move forward, particularly as new threats emerge.
As we look to the future, CRA is focused on several strategic priorities that will help us build on our recent successes. First and foremost, we will continue to monitor and respond to legislative threats at all levels of government. Whether it’s a new tax proposal in a state legislature or a local ordinance restricting cigar smoking, CRA will be there to advocate for our rights.
Additionally, we are committed to raising public awareness about the unique nature of premium cigars. Too often, premium cigars are misunderstood or mischaracterized in the media and by policymakers. By continuing to educate the public and lawmakers, we can ensure that premium cigars are treated fairly and appropriately in future policy discussions.
Finally, CRA will continue to engage with federal regulators and members of Congress to seek further protections for premium cigars by establishing a federal definition of a premium cigar and exemption from FDA regulation. Our work with FDA is far from over, and we remain vigilant in our efforts to prevent any future overreach.
Call to Action
While the last year has brought significant victories, we cannot afford to rest on our laurels. The fight for cigar rights is ongoing, and CRA needs your support now more than ever. Whether you’re a manufacturer, retailer, or consumer, there are many ways to get involved.
Consider joining CRA as a member, donating, or participating in our grassroots campaigns. Every voice counts, and together, we can continue to protect the rich tradition of cigar enjoyment in America.
Thank you to everyone who has supported CRA over the years. Your commitment and passion are what make our victories possible. As we move forward, let’s continue to stand united in the fight to protect our cigar rights.
Join us in the fight to protect your cigar rights—because the battle is far from over.
Posted in CRA Updates and tagged Federal Legislation, State Legislation
