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Bill Exempting Cigars From FDA’s Reach Gains Opposition

Last year, we reported on a bill that would exempt from FDA’s reach so-called “traditional” cigars — cigars wrapped in leaf tobacco, containing no filter and weighing at least six pounds per 1,000 count.

Roll Call magazine recently reported that Altria, parent company of Philip Morris and cigar manufacturer John Middleton, is opposed to the legislation, taking the position that all cigars should be regulated by FDA.  The public health lobby, including the American Cancer Society and Campaign for Tobacco-Free Kids, is also opposed to the legislation based on the fact that manufacturers currently may sell flavored cigars, whereas flavored cigarettes are prohibited.

In the meantime, FDA reports that it is “working as expeditiously as possible” to issue a rule regulating cigars.

For questions and/or comments, please contact Bryan Haynes, Troutman Sanders Tobacco practice partner, at 804.697.1420 or by email.