As part of the deeming regulations, FDA increased the minimum age to purchase tobacco nationwide to 18. Most states already had rules requiring individuals to be at least 18 to purchase tobacco.
Furthermore, nine states have raised the minimum age to purchase tobacco to either 19 or 21. A list of those states can be found here.
Retailers are now required to ask for identification for anyone under the age of 26.
While much of the burden of FDA regulations will fall on manufacturers, retailers will certainly feel the effects.
- Warning Labels
The most noticeable change will be the warning label requirements which apply to both retailers and manufacturers/distributors. In two years, a new requirement will require cigar boxes to contain warning labels that cover at least 30 percent on the top and front areas.
In addition, retailers will be required to post a sign, at a minimum of 8 1/2 x 11, that features all five of the required warning labels as well as a statement about cigars being an addictive product. This must be posted within three inches of each register. (Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act…, 331)
Restrictions will also prevent retailers from modifying boxes by removing warning labels or lids with warning labels.
Finally, FDA has suggested that online retailers who ship individual cigars to customers should place additional warning labels on the shipping box. (Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act…, 356)
- Cost & Product Selection
- Age Requirements
- Free Samples
- Advertising Requirements
- Are cigar shops banned? Walk in humidors? Cigar bars?
No. No. And no.
The rule does nothing to ban cigar shops, walk in humidors or cigar bars where consumers smoke cigars and consume alcohol at the same place.
Consumers will still be able to go into a humidor, so long as they are 18 or older, without an employee and pick up, feel and even smell a cigar. They just cannot cut and light the cigar (or leave with the cigar) without paying for it.
The only exception would be if you have a walk-in humidor that infuses product with something, like say rum, or is designed to specifically change the characteristics of a cigar.
So long as the humidor is meant simply to keep cigars fresh, it will be allowed. (Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act…, 169)
- Could FDA fine retailers?
- If a retailer has an unapproved product in inventory could FDA punish the retailer?
- I’ve heard every cigar in cellophane will have to have a warning label?
- Can cigars still be sold in trays?
- Is FDA regulating internet sales?
- Could a foreign retailer ship me unapproved non-Cuban cigars?
- Could a retailer “gift” me a cigar?
- Will manufacturers be able to give retailers samples?