Cigar Weekly

Through various sources, including The Boston Globe, Cigar Weekly reported on the recent United States Senate legislation, passed by a 79-17 vote, that gave the Food and Drug Authority the task of regulating and controlling tobacco products. The U. S. House of Representatives had passed a similar bill in April, and President Obama has sworn to sign the bill into law, even though he's a smoker, himself. On Friday the House voted to accept the Senate version to send to President Obama for signature.

This legislation has taken the better part of ten years, and never did make it to the desk of President Bush. According to the Associated Press

Fierce opposition by the industry and tobacco-state lawmakers had prevented passage for years, along with veto threats by the George W. Bush White House.

Interestingly while many have consistently blamed "Big Tobacco" for ANY and all opposition to smoking legislation across the board, the Associated Press has reported on Philip Morris' SUPPORT of this most recent effort.

"The nation's largest tobacco manufacturer, Philip Morris, USA, has come out in support of the legislation. Its parent company, Altria Group, said in a statement that on balance, "the legislation is an important step forward to achieve the goal we share with others to provide federal regulation of tobacco products."

Its main rivals, however, have voiced opposition, arguing in part that FDA restrictions on new products will lock in Philip Morris' share of the market."

Glynn Loope, Executive Director of Cigar Rights of America issued this statement when asked about the legislation on Friday, June 12, 2009.

"Like all tobacco associated groups, we have been watching the progression of the FDA legislation that will allow the agency to have sweeping regulatory authority over any tobacco product. Now that it is a "done deal" in Congress and the President has pledged to sign it, the real work actually begins. By that, I mean the rules, regulations and actions that will be written and undertaken by this regulatory agency will have to be monitored on a very consistent basis. When you have a statute like this that has such broad powers associated with it, it demands that we each remain active in monitoring and communicating on the approach FDA is about to take with regard to tobacco." Under the bill, within 90 days FDA will set up the Center for Tobacco Products. They will be charged with implementing the statute and executing the mandates in the legislation. It will make for an interesting remainder of the year."
 

Cigar Weekly member and tobacconist Mike Byelick reports on other limitations in the bill. These include:

• Any remaining tobacco-related sponsorships of sports and entertainment events will be banned, as will giveaways of non-tobacco items with the purchase of a tobacco product. A federal ban will be imposed on all outdoor tobacco advertising within 1,000 feet of schools and playgrounds.

• Point-of-sale advertising will be limited to adults-only facilities, and remaining vending machines will disappear except in places restricted to adults. Retailers who sell to minors will be subject to federal enforcement and penalties.

• Smokers, particularly the younger crowd, will find they can no longer buy cigarettes sweetened by candy flavors or any herb or spices such as strawberry, grape, orange, clove, cinnamon or vanilla. Cigarettes advertised as "light" or "mild," giving the impression that they aren't as harmful to health, will no longer be found on store shelves.

Discussion of the topic in The Smokin Post Cigar Weekly Community Forums and Discussion Groups has yielded the expected outrage of cigar smokers. Many of whom believe that this is only the first step in Federal intervention and regulation of almost any products that people consume to enjoy but might be considered unhealthy, dangerous, not allowing people to exercise their personal freedom for which the nation is so justly proud.

Member James Butler of Oklahoma commented "Big brother getting right smack dab in the middle of something it has no business being involved with much less in control of. I agree that this will definitely not be good at all for the tobacco industry, all of the retailers or us folks known as the public." This legislation comes less than two months since the State Children's Health Insurance Program tax went into effect on April 1, 2009. The SCHIP tax adds maximum tax of forty cents on to the price of cigars at the manufacturing level, which when passed on through the wholesaler and retailer is turning out to be about a dollar increase on the price of cigars.  The full result is not known yet as the tax is not applied to merchandise already on store shelves.

The consensus of members is that not only will this type of limitation not end, but will be applied to other products, and that the government at the Federal level is doing this in spite of vocal and sustained opposition from consituents. The only recourse constituents have is to continue to apply pressure on their legislators and to support lobbying efforts to preserve their privilege to enjoy their pleasurable pursuits.