If a factory is not listed as a U.S. importer of cigars, it's unlikely the factory will have to file any paperwork with FDA.
If the factory is a U.S. importer of cigars, it is required to comply with all regulations for importers, i.e. cigar companies, but it is not subject to the rules regarding domestic manufacturing.
FDA will instruct U.S. Customs & Border Protection to seize the products on import. If the product was already in the market, FDA would issue an NSE order instructing retailers to stop selling the product. Fines could be issued to distributors, manufacturers and retailers for failure to comply.
While some product has been delayed by customs, there is little to no evidence indicating FDA has begun to crack down on non-compliant product.
Yes. FDA has stated that even those serving under 18 are barred from purchasing tobacco products. Futhermore, over a dozen states and hundreds of cities and counties have passed laws requiring individuals to be at least 21 to purchase tobacco in their jurisdictions. With little exception, those rules apply to those, even if a person is 18-20, serving in the military.
No. FDA specifically states this regulation "does not ban cigar trade shows." (Final Regulatory Impact Analysis, 49)
In addition, there have been a number of lawsuits filed by different e-cigarette companies regarding the deeming regulations.
Last Updated: March 11, 2019.