f the FDA chooses "option two," the central question will be regarding how the agency decides to define "premium cigar." The FDA understands this and as such is specifically requesting feedback over what a "premium cigar" is. It's unclear how the organization itself feels about flavored (or infused) premium cigars like Acids and Javas, or sweet-tipped premium cigars like Baccarat, but the FDA does not want products like Black & Mild or Swisher Sweets to be exempt, or even close to exempt.
In reality, if "option two" is selected, the FDA will likely chose a definition based more on what products are excluded from the definition (Black & Milds) than what products are included.
The FDA provided a preliminary definition in the deeming document, however two things should be made clear. First this definition is not final—and in our opinion very unlikely to be implemented in its current language. Secondly, the FDA is asking for public comment regarding the definition of premium cigar is.
1. Is wrapped in whole tobacco leaf;
2. Contains a 100 percent leaf tobacco binder;
3. Contains primarily long filler tobacco;
4. Is made by combining manually the wrapper, filler, and binder;
5. Has no filter, tip, or non-tobacco mouthpiece and is capped by hand;
6. Has a retail price (after any discounts or coupons) of no less than $10 per cigar (adjusted, as necessary, every 2 years, effective July 1st, to account for any increases in the price of tobacco products since the last price adjustment);
7. does not have a characterizing flavor other than tobacco; and
8. Weighs more than 6 pounds per 1000 units.
(i) means any roll of tobacco that is wrapped in 100 percent leaf tobacco, bunched with 100 percent tobacco filler, contains no filter, tip or non-tobacco mouthpiece, weighs at least 6 pounds per 1,000 count, and--
(I) has a 100 percent leaf tobacco binder and is hand rolled;
(II) has a 100 percent leaf tobacco binder and is made using human hands to lay the leaf tobacco wrapper or binder onto only one machine that bunches, wraps, and caps each individual cigar; or
(III) has a homogenized tobacco leaf binder and is made in the United States using human hands to lay the 100 percent leaf tobacco wrapper onto only one machine that bunches, wraps, and caps each individual cigar; and
(ii) does not include a cigarette (as such term is defined by section 900(3)) or a little cigar (as such term is defined by section 900(11)).''.
cigars which are made entirely by hand of all natural tobacco leaf, hand constructed and hand wrapped, wholesaling for $2 or more, and weighing more than 3 pounds per 1000 cigars. These cigars shall be kept in a humidor at the proper humidity.
is hand-constructed and hand-rolled;
has a wrapper made entirely from whole tobacco leaf;
has a filler and binder made entirely of tobacco, except for adhesives or other materials used to maintain size, texture, or flavor; and
has a wholesale price of $2.00 or more.
a cigar that weighs more than 3 pounds per 1,000 cigars and is wrapped in whole tobacco leaf. [2009, c. 606, §1 (NEW).]
(I) ARE MADE ENTIRELY BY HAND OF TOBACCO LEAF WRAPPER;
(II) ARE CONSTRUCTED AND WRAPPED BY HAND;
(III) WHOLESALE FOR $2 OR MORE; AND
(IV) WEIGH MORE THAN 3 POUNDS PER 1,000 CIGARS;