High-end cigar businesses fear going up in smoke because of ‘harsh’ FDA rules


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YBOR CITY, Fla. – Cigars helped outline this neighborhood in Tampa that, in its prime nearly a century in the past, was generally known as the “Cigar Capital of the World.” Dwelling to over 100 factories, town produced hundreds of thousands of cigars to ship worldwide.

In the present day, family-owned J.C. Newman Cigar Firm is the only survivor and the oldest premium cigar maker within the U.S. However its fourth-generation homeowners say their future is now threatened due to rules from the Meals and Drug Administration (FDA) that they’re combating to overturn. The cigar homeowners are gaining assist amongst outstanding lawmakers, to the chagrin of well being advocates who declare the business is placing lives in danger.

“Our firm has survived two world wars, the Nice Despair, the Cuban Embargo, however proposed FDA rules can be the nail on the coffin for our manufacturing unit and 135 staff,” stated proprietor and president of the 124-year-old firm, Eric Newman. “These are American jobs…that is all they know…that is all they’ve.”

Cigars have lengthy been a cultural cornerstone in locations like Cuba and the Dominical Republic and, at one level, was a standing image within the U.S., common amongst movers and shakers. However well being considerations and tightened rules have strangled the business. Homeowners say the FDA’s well-meaning effort to curb tobacco use by minors turned a one-size-fits-all method, implementing the identical rules on cigarettes and vaporizers as they do for handcrafted, premium cigars.

The homeowners say if the FDA guidelines usually are not loosened, their business will die.

“The FDA regulated the complete cigar business…we’ve been the unintended victims of this,” stated Bobby Newman, Eric’s brother and vp of the corporate.

In 2009, Congress gave the FDA the ability to manage the tobacco business. Previous to the change, new merchandise flowed freely from cigarmakers to retailer cabinets. The Newmans stated what occurred subsequent wasn’t a part of the plan.

In Might 2016, the FDA expanded oversight of all tobacco merchandise, together with premium cigars, e-cigarettes and different beforehand unregulated tobacco merchandise.

“That is America…it’s imagined to be of the individuals by the individuals for the individuals, not screw the individuals…We have been screaming and shouting from the rooftops that premium cigars are completely different than different tobacco merchandise,” Eric Newman stated.


One regulation requires producers to cowl 30 % of their packaging with a well being threat label, one thing the brothers say would destroy one of many fundamental causes individuals purchase cigars — for the specialty containers. After widespread pushback, the U.S. District Court docket for the District of Columbia positioned a brief injunction on the rule.

The coverage would additionally prohibit producers from giving out cigars as items or samples. Additionally they stated the company imposed new product customary guidelines that may price them hundreds of thousands.

“It might price us $30 million to completely adjust to the FDA rules after we promote $10 million out of this manufacturing unit,” Eric stated. “We’d like individuals to face up for us…”

"We're going to fight like hell to keep our factory from shutting down," said fourth-generation owner Eric Newman, whose factory employs 135 people.

“We will battle like hell to maintain our manufacturing unit from shutting down,” stated fourth-generation proprietor Eric Newman, whose manufacturing unit employs 135 individuals.
(Fox Information)

The business has discovered assist, notably amongst Florida’s lawmakers. Democratic Tampa Congresswoman Kathy Castor helps altering the rules. Having labored on the regulation, she stated it was by no means meant to use to premium cigars.

“…The rule went past congressional intent and ignored the excellence between conventional handcrafted premium cigars and different merchandise which are marketed to youngsters,” she stated. “It’s important that we guarantee Tampa’s premium cigar manufacturing business continues to thrive!”

However well being advocates say an exclusion for the specialty business shouldn’t occur.

“The [FDA] took a very long time earlier than it acted to guard the general public each from cigars and from e-cigarettes. And, sadly, throughout that delay we noticed a dramatic improve within the use of each e-cigarettes and cigars…as a result of there was no oversight of those merchandise for many years, it turned the main reason for preventable loss of life within the U.S.,” stated Erika Sward, nationwide assistant vp of advocacy for The American Lung Affiliation. “We might not stand for a so-called premium automotive not having airbags or seatbelts simply because it had extra metal in it to strengthen it. There needs to be no exceptions for cigars, both.”

A lately launched Nationwide Youth Tobacco Survey confirmed that youth use of e-cigarettes fell for the primary time in 2016, after skyrocketing since 2011. However information confirmed that prime college boys smoke cigars at a barely larger charge than cigarettes.

Florida Democratic Rep. Kathy Castor and Republican Sen. Marco Rubio have both introduced bills to defend the cigar industry from the regulations.

Florida Democratic Rep. Kathy Castor and Republican Sen. Marco Rubio have each launched payments to defend the cigar business from the rules.
(Fox Information)

Castor and Florida’s Republican Sen. Marco Rubio have each launched payments to exempt the cigar business from the burdensome rules. Senators from each side of the aisle have signed on as co-sponsors.

The strikes come because the premium business, as soon as a booming enterprise, has fallen drastically.

In 1895, there have been 40,000 federally licensed cigar producers in america. Lower than 100 stay in enterprise immediately.

However the Newmans say they gained’t go down with out a battle.

“We’re David in opposition to Goliath…in case you do not battle on your rights, you do not need to win,” stated Bobby Newman.

“We’re not taking place simple,” added his brother.

The FDA informed Fox Information it “doesn’t touch upon proposed or pending laws.”

The company is at present holding a public commenting interval by June 17 to obtain suggestions on the regulatory plan.

The Cigar Affiliation of America, the Worldwide Premium Cigar and Pipe Retailers Affiliation and the Cigar Rights of America, have all joined forces to file a lawsuit in opposition to the FDA.

“From the start of this course of, we’ve acknowledged that this was a transparent case of bureaucratic overreach, with the top purpose being nothing wanting a contemporary period prohibition. The rules looming over this business, in some ways, are extra harsh and burdensome than on these merchandise which Congress truly informed the company to manage. That’s why we’re compelled into the courts, halls of Congress and different places of work and companies throughout the president’s administration to inform our story, make the case for aid, in order that we will shield this expert artisan career — and the easy enjoyment of a cigar. Actually, we predict there are larger priorities for our authorities,” stated J. Glynn Loope, government director of Cigar Rights of America.

The Newmans say they hope President Trump delivers on one in every of his key marketing campaign guarantees—to crack down on authorities rules—to allow them to keep in enterprise for one more 124 years.

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