I awoke yesterday morning to the news I’ve been dreading for years: The FDA’s Center for Tobacco Products announced that it will extend its authority over cigarettes to all tobacco products, including cigars and e-cigarettes. When I last covered this topic, the FDA was considering a proposal (“Option 2”) to exempt premium cigars from some of the agency’s more onerous regulations. I was optimistic that the agency might take this path, allowing it to concentrate resources where they might do more good and avoiding conflict with politically vocal cigar smokers. Unfortunately, as I write at Reason, that optimism was misplaced:
As of yesterday, Option 2 is dead. And so, perhaps, is innovation in the cigar business.
Cigars that were on the market in 2007 will be allowed to remain for sale, but any cigars introduced since then will have to endure the same sort of regulatory hassles as Hestia tobacco. If they can’t prove they’re substantially equivalent to existing products—not just in their composition or their effects on smokers, but in their essentially unknowable potential health impacts on the population as a whole—then they will be ordered off the market.
It’s hard to predict what those applications will cost, but the most likely outcome is that the market for cigars will soon become a lot less diverse and a lot more boring. (Cuban cigars, which by definition were not legally on the US market in 2007, will obviously not be grandfathered in.)